AUSTIN, Texas — A decades-old dispute between Texas cities and state officials over plastic grocery bags has finally made its way to the state Supreme Court.

At least 10 Texas cities, including Austin, Brownsville and Lardeo, have passed ordinances outlawing single-use plastic bags in grocery and retail stores. Merchants and manufacturers say cities can't do that, citing the 1993 Texas Solid Waste Disposal Act. But the cities argue it's a local issue.

Robin Schneider, executive director of Texas Campaign for the Environment, said there's a lot riding on the court's decision.

"The issue is whether this '93 law that says local governments can't regulate containers or packaging for solid waste management purposes, whether that encompasses these laws or not,” Schneider said.

Environmental groups have long sought to ban thin, plastic bags as a major source of pollution, a danger to fish and animals, and a hazard in the devices that sort recycling materials. Manufacturers say the bags generate almost $70 billion in annual revenue and employ 75,000 Texans. They contend that a bag ban is an illegal restraint of trade.

The Texas high court could rule in July.

Schneider said the case, pitting the city of Laredo against the Laredo Merchants Association, brought together an unusual coalition supporting the city ordinances.

"For the first time, many anglers and recycling and composting businesses, and other kinds of folks came together in a public way, to tell the Supreme Court that these bag ordinances should stand,” she said.

Since most of the court justices live in Austin, she noted they are likely familiar with the benefits of removing bags from the environment.

"I'm sure many of these justices, if they don't live here full-time, they spend a good amount of time here. They've seen a bag ordinance in action,” Schneider said. “They, I'm sure, can tell that there's a lot less single-use bags in the environment than there used to be."

In its past two sessions, the Texas Legislature has considered bills that would have blocked cities from banning plastic bag use, but the measures didn't pass.


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Virginia has some of the fastest-eroding coastline in the U.S, so an effort at one federal agency is bringing new focus to the region.

Inside the Commerce Department lies NOAA, the National Oceanic and Atmospheric Administration. In recent years, NOAA has designated Habitat Focus Areas in select locations around the country to attempt to restore coastal habitats.

The newest area is Virginia's Middle Peninsula, and Andrew Larkin - a senior program analyst with NOAA Fisheries in Virginia - explained why.

"The Middle Peninsula was selected because it's an area that's experiencing some impacts from climate change," said Larkin. "It's an area that's experiencing a lot of flooding, and they've seen some decline in their seafood industry."

The sudden loss of infrastructure during large storms is easy to see, with washed-out highways, rail lines and utilities. But the longer-term economic impacts of habitat loss are harder to spot.

Habitat Focus Areas help to bring resources from different levels of government to bear on problems that may be too big for local governments to handle.

Efforts to slow coastal erosion in the past were often limited to concrete or rock structures like bulkheads or riprap shorelines. In some areas of the Middle Peninsula, NOAA is stabilizing the coast using so-called "living shorelines."

Larkin described how they incorporate plants and marine life to create sustainable and stable shore conditions.

"By using things like plants or oyster structures - so we're talking marsh grass or things like oyster castles - these are concrete structures which oysters adhere to, and then the oysters provide kind of a wave break," said Larkin. "So, when you've got waves that are kind of pounding a shoreline, these will kind of break up and weaken those waves. And the plants behind them, the marsh grass, will help to trap the sediment to prevent erosion from happening."

Changes to shore ecosystems often have a direct impact on jobs connected to fishing and tourism, and communities see their tax base eroded as residents and businesses leave. So, efforts to stabilize shorelines are not only seen as helping the environment but making local communities more resilient.

Lewie Lawrence, executive director of the Middle Peninsula Planning District Commission, said it's about striking a balance.

"We've got to try to figure out how do we find balance and parity," said Lawrence. "If you put too much development pressure on one side, you cause too much environmental damage. If you protect too much on one side, you're losing the ability to generate economic revenue, which is needed to make government function through tax revenue."

More information on NOAA Habitat Focus Areas is online at www.habitatblueprint.noaa.gov

Support for this reporting was provided by The Pew Charitable Trusts.

Conservation groups along several states on the East coast stretching from North Carolina to northeast Florida are working through a plan to conserve one million acres of salt marsh nearly the size of Grand Canyon National Park.

When it comes to Mother Nature, state boundaries are non-existent - so environmental groups, scientists, native communities and state and federal agencies are working together on the South Atlantic Salt Marsh Initiative Project.

It's a voluntary, collaborative plan to help states protect channels of coastal grasslands that do more than meets the eye.

Kent Smith - a biological administrator with the Aquatic Habitat Conservation and Restoration Section of the Florida Fish and Wildlife Conservation Commission - said salt marshes are extremely good at sequestering carbon from the atmosphere by forming a thick peat to trap the CO2 in the sediments below.

"They also stabilize the shorelines in coast areas," said Smith. "So they keep sediments in place and they protect properties from the impacts of climate change, sea-level rise, tropical storms, things like that."

Smith said coastal development threatens the natural protections salt marshes provide, and their hope is to spread awareness so communities and developers can work together to protect these natural habitats.

Jim McCarthy - president of the North Florida Land Trust - is part of the initiative and works to buy salt marshes to preserve and protect them. He said manmade solutions to protect areas from things like storm surges don't always work.

He said one example is in Jacksonville, where marsh grasses were taken out of an area and replaced with concrete bulkheads. He said that was disastrous during Hurricane Irma.

"And as the St. Johns River turns east," said McCarthy, "it literally went over its banks because there is nothing to make the energy out of it and there is nothing to absorb it, if you will, as there would be if you had had natural marsh grasses. "

The National Oceanic and Atmospheric Administration estimates that the U.S. loses 80,000 acres of coastal wetlands, including salt marshes, each year, driven by development and sea-level rise.

Support for this reporting was provided by The Pew Charitable Trusts.

West Virginia has received federal Infrastructure Bill funding to complete the Corridor H Highway, a four-lane route beginning in Tucker County and connecting with Interstate 81 in Strasburg, Virginia.

Some environmental groups and local residents argued the project's current route could disrupt wildlife habitat and local economies based on outdoor recreation and tourism.

Hugh Rogers, board member and chair of the highways committee for the West Virginia Highlands Conservancy, said small towns around Blackwater Falls would feel the impact from increased traffic and congestion.

"The people on the mountain who live in Thomas and Davis, they don't want a four-lane slamming right between their towns," Rogers emphasized. "And causing a whole different kind of development probably from the kind that has been very successful."

More than 120 miles of Corridor H is now open, with around 30 miles left to complete, according to the West Virginia Department of Transportation. The state maintains the project will open up remote areas in Grant, Tucker and Hardy counties to economic development and shorten travel times through the mountains.

But Rogers countered the outdoor tourism small businesses and residents have worked to build up around Blackwater Falls is at stake. He pointed out travelers come to the area to escape major development.

"And there's just all this opportunity for recreation," Rogers explained. "As you know, mountain biking is very big around here. Lots of hiking, of course. Rafting and kayaking on the river, it's just a wonderful playground"

He added nearly 2,000 residents have signed an online petition calling for the highway's path to be diverted from the Blackwater region to an alternate route.

"For years, people thought, we have to take whatever the Department of Highways gives us; we just 'want' the changes that it will bring," Rogers noted. "Now, more and more people are getting the idea that we don't have to settle for a lousy version of this."

Research from the Allegheny Blue Ridge Alliance shows the highway could potentially impact threatened and endangered species such as Cheat Mountain salamander, Indiana bat, Virginia big-eared bat and West Virginia flying squirrel.