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New York’s plastic lawsuit against PepsiCo has been dismissed. What’s next?

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Monday, November 18, 2024

Late last month, the New York state Supreme Court granted a request from PepsiCo to dismiss a plastic pollution lawsuit brought against it by the state’s attorney general, Letitia James. The complaint, which sought civil penalties against the food and beverage corporation for causing plastic pollution in the Buffalo River, was “predatory,” according to the decision written by Judge Emilio Colaiacovo. He accused James’ office of making “phantom assertions of liability that do nothing to solve the problem that exists.” PepsiCo “did not pollute the Buffalo River or any other local waterways,” Colaiacovo wrote. “Other people did!” That unusually emphatic dismissal raises questions about similar lawsuits that are pending around the country — as well as the prospect of future litigation to hold companies responsible for the plastic pollution generated by their products. Just one day before Colaiacovo’s decision was released, Los Angeles County filed a similar complaint against PepsiCo and Coca-Cola, arguing that the companies had harmed public health and deceived consumers about the efficacy of plastics recycling. The city of Baltimore has filed its own suit against PepsiCo, Coca-Cola, Frito Lay, and plastic manufacturing companies, and two lawsuits in California — one from the state attorney general’s office and one from a coalition of environmental nonprofits — allege that Exxon Mobil promoted plastics recycling despite knowing it would be unable to keep pace with waste generation. But several attorneys Grist spoke with — and James’ office — said they’re not concerned. Jill Heaps, senior legal director for the nonprofit Surfrider, said Colaicovo’s dismissal was “disappointing,” but she anticipates it will be overturned on appeal. “I don’t think it has any negative consequences for the litigation happening in California or elsewhere.” Every year, the U.S. produces 73 million metric tons of plastic garbage, and about 95 percent of it doesn’t get recycled — not just because the U.S. lacks sufficient recycling infrastructure, but because of inherent properties of the material itself. All that nonrecycled plastic eventually gets burned or sent to a landfill, or else becomes litter in the natural environment, where it breaks down into small fragments called microplastics. Scientists have found these fragments in virtually every environment they’ve studied, and in the bodies of hundreds of animal species. In humans, they’ve linked microplastics to health concerns including metabolic disorders and an increased risk of heart attack.  The premise of the New York lawsuit and others like it is that major manufacturers of plastic products shouldn’t just wash their hands of these impacts and blame consumers for improperly disposing of their products. In the view of prosecutors and environmental groups, companies should be financially responsible for managing the pollution they generate. New York Attorney General Letitia James sued PepsiCo in 2023 over plastic pollution in the Buffalo River. John Lamparski / AFP via Getty Images James’ lawsuit was the first brought by a state against a major plastics polluter. In her complaint, filed last year, James described PepsiCo’s trash as a “persistent and dangerous form of plastic pollution.” Her first legal claim against the company was that it had created a “public nuisance” for residents of the Buffalo River watershed. This was based on a 2022 survey of all types of waste along the river, which found that the majority of the waste was plastic and that the leading contributor to that plastic was PepsiCo. The company’s plastic garbage was identified three times more often than that of the second-greatest contributor.  The complaint’s other claim involved consumer protection law: Although PepsiCo had “long been aware” of the environmental and human health risks posed by single-use plastics, James’ office said PepsiCo had obscured these risks in its communications to the public, in part by promoting plastics recycling.  Colaiacovo rejected both of the lawsuit’s claims. He said James “fails to provide any evidence” that PepsiCo knew its plastic packaging would become pollution, and seemed to agree with PepsiCo that it should not be held liable for what happens to its plastic packaging after consumers are done with it. He characterized James’ arguments as a slippery slope that could eventually allow litigation against any company, so long as the plaintiff could construct a conceivable scenario linking an undesired action to a product it makes. Plastic pollution “is a purely legislative or executive function to ameliorate,” he wrote, calling the lawsuit “policy idealism.” Heaps, whose organization is part of the coalition that recently sued Exxon Mobil in California, said Colaiacovo shouldn’t have dismissed the case so early. “The judge’s job in a motion to dismiss is to give all of the assumptions in the favor of the plaintiff,” she said — “to ask: ‘Is it possible to make this argument?’” and then to allow the plaintiff to produce additional evidence to do so. That’s what happened with a similar consumer protection lawsuit filed by the nonprofit Earth Island Institute against Coca-Cola. This August, an appeals court in Washington, D.C., said that Earth Island’s claims were “facially plausible” and that it should have a chance to further substantiate them in the D.C. Superior Court.  Additionally, Heaps noted some other peculiarities in Colaiacovo’s dismissal, starting with a statement that in order for a public nuisance claim to be viable, the product in question must be “defective or unlawful.”  “I don’t know where he made that up,” she said. “I’ve never seen that in any case law.”  Tyson Redenbarger, a civil litigation attorney with the firm Cotchett, Pitre, & McCarthy LLP — which is representing the California nonprofits in their plastics lawsuit against Exxon Mobil — agreed. To justify a public nuisance claim, a product or practice must violate public health, morals, comfort, or other common rights. Redenbarger listed a number of legal products that have been found to have caused a public nuisance, like lead paint sold before 1978, which contributed to widespread health issues. “Defendants always argue, ‘Oh, my product is legal, and I sell it throughout the state,’” he said. “But that’s not the standard for nuisance.” Plastic bottles of Diet Pepsi line a store shelf. Roberto Machado Noa / LightRocket via Getty Images Heaps also called out the decision’s unusually emotional tenor — characterized by, for example, the use of an exclamation point when describing consumers’ responsibility for waste generation, not PepsiCo’s. She said it was “very unusual” to see an exclamation in legal filings: “I was like, ‘Which law clerk wrote that?’” In a statement to Grist, PepsiCo said it was pleased with the dismissal and that it “remains serious about plastic reduction and effective recycling.  “We will continue to collaborate with key partners to advance smart material collection policies, improve recycling infrastructure, boost consumer awareness about the importance of recycling and establish partnerships focused on reducing waste and exploring innovative solutions to plastic pollution,” said the company’s vice president of global corporate communications, Andrea Foote.  Earlier this year, PepsiCo company said it would likely miss a self-imposed deadline to make 100 percent of its packaging recyclable, compostable, biodegradable, or reusable by 2025. Its most recent sustainability update reported a 6 percent increase in the use of virgin plastic, in contrast to the company’s goal to reduce it by one-fifth by the end of the decade. Sumona Majumdar, the Earth Island Institute’s CEO, said she didn’t think the New York state case was a bellwether. Her organization’s D.C. lawsuit has already demonstrated the plausibility of plastic pollution-related consumer protection claims, and a separate lawsuit brought by the Earth Island Institute in California was recently allowed to move forward with public nuisance claims against Coca-Cola, PepsiCo, and large consumer goods companies. Sara Gross, chief of the affirmative litigation division for the city of Baltimore, is representing Baltimore in its public nuisance and consumer protection lawsuit against Coca-Cola, PepsiCo, Frito Lay, and large plastic manufacturers. “We respectfully disagree with the New York judge’s ruling and intend to proceed with our case,” she told Grist.  A spokesperson for the New York attorney general’s office declined to say whether James would appeal to an appellate court, but they opposed the characterization of their lawsuit as some sort of fishing expedition — seeking to “impose punishment while searching for a crime,” as Colaiacovo put it. “This legal theory is growing, … others are pursuing it, and this one decision is certainly not going to be the be-all, end-all,” the spokesperson said. “We wouldn’t have taken the steps of filing a lawsuit if we didn’t believe that the legal argument had merit.” This story was originally published by Grist with the headline New York’s plastic lawsuit against PepsiCo has been dismissed. What’s next? on Nov 18, 2024.

Despite the setback, environmental attorneys think similar litigation can succeed elsewhere.

Late last month, the New York state Supreme Court granted a request from PepsiCo to dismiss a plastic pollution lawsuit brought against it by the state’s attorney general, Letitia James.

The complaint, which sought civil penalties against the food and beverage corporation for causing plastic pollution in the Buffalo River, was “predatory,” according to the decision written by Judge Emilio Colaiacovo. He accused James’ office of making “phantom assertions of liability that do nothing to solve the problem that exists.”

PepsiCo “did not pollute the Buffalo River or any other local waterways,” Colaiacovo wrote. “Other people did!”

That unusually emphatic dismissal raises questions about similar lawsuits that are pending around the country — as well as the prospect of future litigation to hold companies responsible for the plastic pollution generated by their products. Just one day before Colaiacovo’s decision was released, Los Angeles County filed a similar complaint against PepsiCo and Coca-Cola, arguing that the companies had harmed public health and deceived consumers about the efficacy of plastics recycling. The city of Baltimore has filed its own suit against PepsiCo, Coca-Cola, Frito Lay, and plastic manufacturing companies, and two lawsuits in California — one from the state attorney general’s office and one from a coalition of environmental nonprofits — allege that Exxon Mobil promoted plastics recycling despite knowing it would be unable to keep pace with waste generation.

But several attorneys Grist spoke with — and James’ office — said they’re not concerned. Jill Heaps, senior legal director for the nonprofit Surfrider, said Colaicovo’s dismissal was “disappointing,” but she anticipates it will be overturned on appeal. “I don’t think it has any negative consequences for the litigation happening in California or elsewhere.”

Every year, the U.S. produces 73 million metric tons of plastic garbage, and about 95 percent of it doesn’t get recycled — not just because the U.S. lacks sufficient recycling infrastructure, but because of inherent properties of the material itself. All that nonrecycled plastic eventually gets burned or sent to a landfill, or else becomes litter in the natural environment, where it breaks down into small fragments called microplastics. Scientists have found these fragments in virtually every environment they’ve studied, and in the bodies of hundreds of animal species. In humans, they’ve linked microplastics to health concerns including metabolic disorders and an increased risk of heart attack

The premise of the New York lawsuit and others like it is that major manufacturers of plastic products shouldn’t just wash their hands of these impacts and blame consumers for improperly disposing of their products. In the view of prosecutors and environmental groups, companies should be financially responsible for managing the pollution they generate.

NY Attorney General Letitia James stands in front of stairs wearing a black jacket, with many news microphones pointing toward her.
New York Attorney General Letitia James sued PepsiCo in 2023 over plastic pollution in the Buffalo River. John Lamparski / AFP via Getty Images

James’ lawsuit was the first brought by a state against a major plastics polluter. In her complaint, filed last year, James described PepsiCo’s trash as a “persistent and dangerous form of plastic pollution.” Her first legal claim against the company was that it had created a “public nuisance” for residents of the Buffalo River watershed. This was based on a 2022 survey of all types of waste along the river, which found that the majority of the waste was plastic and that the leading contributor to that plastic was PepsiCo. The company’s plastic garbage was identified three times more often than that of the second-greatest contributor. 

The complaint’s other claim involved consumer protection law: Although PepsiCo had “long been aware” of the environmental and human health risks posed by single-use plastics, James’ office said PepsiCo had obscured these risks in its communications to the public, in part by promoting plastics recycling. 

Colaiacovo rejected both of the lawsuit’s claims. He said James “fails to provide any evidence” that PepsiCo knew its plastic packaging would become pollution, and seemed to agree with PepsiCo that it should not be held liable for what happens to its plastic packaging after consumers are done with it. He characterized James’ arguments as a slippery slope that could eventually allow litigation against any company, so long as the plaintiff could construct a conceivable scenario linking an undesired action to a product it makes.

Plastic pollution “is a purely legislative or executive function to ameliorate,” he wrote, calling the lawsuit “policy idealism.”

Heaps, whose organization is part of the coalition that recently sued Exxon Mobil in California, said Colaiacovo shouldn’t have dismissed the case so early. “The judge’s job in a motion to dismiss is to give all of the assumptions in the favor of the plaintiff,” she said — “to ask: ‘Is it possible to make this argument?’” and then to allow the plaintiff to produce additional evidence to do so. That’s what happened with a similar consumer protection lawsuit filed by the nonprofit Earth Island Institute against Coca-Cola. This August, an appeals court in Washington, D.C., said that Earth Island’s claims were “facially plausible” and that it should have a chance to further substantiate them in the D.C. Superior Court. 

Additionally, Heaps noted some other peculiarities in Colaiacovo’s dismissal, starting with a statement that in order for a public nuisance claim to be viable, the product in question must be “defective or unlawful.” 

“I don’t know where he made that up,” she said. “I’ve never seen that in any case law.” 

Tyson Redenbarger, a civil litigation attorney with the firm Cotchett, Pitre, & McCarthy LLP — which is representing the California nonprofits in their plastics lawsuit against Exxon Mobil — agreed. To justify a public nuisance claim, a product or practice must violate public health, morals, comfort, or other common rights. Redenbarger listed a number of legal products that have been found to have caused a public nuisance, like lead paint sold before 1978, which contributed to widespread health issues. “Defendants always argue, ‘Oh, my product is legal, and I sell it throughout the state,’” he said. “But that’s not the standard for nuisance.”

Diet Pepsi bottles on a shelf, viewed with a fish eye lens.
Plastic bottles of Diet Pepsi line a store shelf. Roberto Machado Noa / LightRocket via Getty Images

Heaps also called out the decision’s unusually emotional tenor — characterized by, for example, the use of an exclamation point when describing consumers’ responsibility for waste generation, not PepsiCo’s. She said it was “very unusual” to see an exclamation in legal filings: “I was like, ‘Which law clerk wrote that?’”

In a statement to Grist, PepsiCo said it was pleased with the dismissal and that it “remains serious about plastic reduction and effective recycling. 

“We will continue to collaborate with key partners to advance smart material collection policies, improve recycling infrastructure, boost consumer awareness about the importance of recycling and establish partnerships focused on reducing waste and exploring innovative solutions to plastic pollution,” said the company’s vice president of global corporate communications, Andrea Foote. 

Earlier this year, PepsiCo company said it would likely miss a self-imposed deadline to make 100 percent of its packaging recyclable, compostable, biodegradable, or reusable by 2025. Its most recent sustainability update reported a 6 percent increase in the use of virgin plastic, in contrast to the company’s goal to reduce it by one-fifth by the end of the decade.

Sumona Majumdar, the Earth Island Institute’s CEO, said she didn’t think the New York state case was a bellwether. Her organization’s D.C. lawsuit has already demonstrated the plausibility of plastic pollution-related consumer protection claims, and a separate lawsuit brought by the Earth Island Institute in California was recently allowed to move forward with public nuisance claims against Coca-Cola, PepsiCo, and large consumer goods companies.

Sara Gross, chief of the affirmative litigation division for the city of Baltimore, is representing Baltimore in its public nuisance and consumer protection lawsuit against Coca-Cola, PepsiCo, Frito Lay, and large plastic manufacturers. “We respectfully disagree with the New York judge’s ruling and intend to proceed with our case,” she told Grist. 

A spokesperson for the New York attorney general’s office declined to say whether James would appeal to an appellate court, but they opposed the characterization of their lawsuit as some sort of fishing expedition — seeking to “impose punishment while searching for a crime,” as Colaiacovo put it.

“This legal theory is growing, … others are pursuing it, and this one decision is certainly not going to be the be-all, end-all,” the spokesperson said. “We wouldn’t have taken the steps of filing a lawsuit if we didn’t believe that the legal argument had merit.”

This story was originally published by Grist with the headline New York’s plastic lawsuit against PepsiCo has been dismissed. What’s next? on Nov 18, 2024.

Read the full story here.
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Lifesize herd of puppet animals begins climate action journey from Africa to Arctic Circle

The Herds project from the team behind Little Amal will travel 20,000km taking its message on environmental crisis across the worldHundreds of life-size animal puppets have begun a 20,000km (12,400 mile) journey from central Africa to the Arctic Circle as part of an ambitious project created by the team behind Little Amal, the giant puppet of a Syrian girl that travelled across the world.The public art initiative called The Herds, which has already visited Kinshasa and Lagos, will travel to 20 cities over four months to raise awareness of the climate crisis. Continue reading...

Hundreds of life-size animal puppets have begun a 20,000km (12,400 mile) journey from central Africa to the Arctic Circle as part of an ambitious project created by the team behind Little Amal, the giant puppet of a Syrian girl that travelled across the world.The public art initiative called The Herds, which has already visited Kinshasa and Lagos, will travel to 20 cities over four months to raise awareness of the climate crisis.It is the second major project from The Walk Productions, which introduced Little Amal, a 12-foot puppet, to the world in Gaziantep, near the Turkey-Syria border, in 2021. The award-winning project, co-founded by the Palestinian playwright and director Amir Nizar Zuabi, reached 2 million people in 17 countries as she travelled from Turkey to the UK.The Herds’ journey began in Kinshasa’s Botanical Gardens on 10 April, kicking off four days of events. It moved on to Lagos, Nigeria, the following week, where up to 5,000 people attended events performed by more than 60 puppeteers.On Friday the streets of Dakar in Senegal will be filled with more than 40 puppet zebras, wildebeest, monkeys, giraffes and baboons as they run through Médina, one of the busiest neighbourhoods, where they will encounter a creation by Fabrice Monteiro, a Belgium-born artist who lives in Senegal, and is known for his large-scale sculptures. On Saturday the puppets will be part of an event in the fishing village of Ngor.The Herds’ 20,000km journey began in Kinshasa, the Democratic Republic of the Congo. Photograph: Berclaire/walk productionsThe first set of animal puppets was created by Ukwanda Puppetry and Designs Art Collective in Cape Town using recycled materials, but in each location local volunteers are taught how to make their own animals using prototypes provided by Ukwanda. The project has already attracted huge interest from people keen to get involved. In Dakar more than 300 artists applied for 80 roles as artists and puppet guides. About 2,000 people will be trained to make the puppets over the duration of the project.“The idea is that we’re migrating with an ever-evolving, growing group of animals,” Zuabi told the Guardian last year.Zuabi has spoken of The Herds as a continuation of Little Amal’s journey, which was inspired by refugees, who often cite climate disaster as a trigger for forced migration. The Herds will put the environmental emergency centre stage, and will encourage communities to launch their own events to discuss the significance of the project and get involved in climate activism.The puppets are created with recycled materials and local volunteers are taught how to make them in each location. Photograph: Ant Strack“The idea is to put in front of people that there is an emergency – not with scientific facts, but with emotions,” said The Herds’ Senegal producer, Sarah Desbois.She expects thousands of people to view the four events being staged over the weekend. “We don’t have a tradition of puppetry in Senegal. As soon as the project started, when people were shown pictures of the puppets, they were going crazy.”Little Amal, the puppet of a Syrian girl that has become a symbol of human rights, in Santiago, Chile on 3 January. Photograph: Anadolu/Getty ImagesGrowing as it moves, The Herds will make its way from Dakar to Morocco, then into Europe, including London and Paris, arriving in the Arctic Circle in early August.

Dead, sick pelicans turning up along Oregon coast

So far, no signs of bird flu but wildlife officials continue to test the birds.

Sick and dead pelicans are turning up on Oregon’s coast and state wildlife officials say they don’t yet know why. The Oregon Department of Fish and Wildlife says it has collected several dead brown pelican carcasses for testing. Lab results from two pelicans found in Newport have come back negative for highly pathogenic avian influenza, also known as bird flu, the agency said. Avian influenza was detected in Oregon last fall and earlier this year in both domestic animals and wildlife – but not brown pelicans. Additional test results are pending to determine if another disease or domoic acid toxicity caused by harmful algal blooms may be involved, officials said. In recent months, domoic acid toxicity has sickened or killed dozens of brown pelicans and numerous other wildlife in California. The sport harvest for razor clams is currently closed in Oregon – from Cascade Head to the California border – due to high levels of domoic acid detected last fall.Brown pelicans – easily recognized by their large size, massive bill and brownish plumage – breed in Southern California and migrate north along the Oregon coast in spring. Younger birds sometimes rest on the journey and may just be tired, not sick, officials said. If you find a sick, resting or dead pelican, leave it alone and keep dogs leashed and away from wildlife. State wildlife biologists along the coast are aware of the situation and the public doesn’t need to report sick, resting or dead pelicans. — Gosia Wozniacka covers environmental justice, climate change, the clean energy transition and other environmental issues. Reach her at gwozniacka@oregonian.com or 971-421-3154.Our journalism needs your support. Subscribe today to OregonLive.com.

50-Million-Year-Old Footprints Open a 'Rare Window' Into the Behaviors of Extinct Animals That Once Roamed in Oregon

Scientists revisited tracks made by a shorebird, a lizard, a cat-like predator and some sort of large herbivore at what is now John Day Fossil Beds National Monument

50-Million-Year-Old Footprints Open a ‘Rare Window’ Into the Behaviors of Extinct Animals That Once Roamed in Oregon Scientists revisited tracks made by a shorebird, a lizard, a cat-like predator and some sort of large herbivore at what is now John Day Fossil Beds National Monument Sarah Kuta - Daily Correspondent April 24, 2025 4:59 p.m. Researchers took a closer look at fossilized footprints—including these cat-like tracks—found at John Day Fossil Beds National Monument in Oregon. National Park Service Between 29 million and 50 million years ago, Oregon was teeming with life. Shorebirds searched for food in shallow water, lizards dashed along lake beds and saber-toothed predators prowled the landscape. Now, scientists are learning more about these prehistoric creatures by studying their fossilized footprints. They describe some of these tracks, discovered at John Day Fossil Beds National Monument, in a paper published earlier this year in the journal Palaeontologia Electronica. John Day Fossil Beds National Monument is a nearly 14,000-acre, federally protected area in central and eastern Oregon. It’s a well-known site for “body fossils,” like teeth and bones. But, more recently, paleontologists have been focusing their attention on “trace fossils”—indirect evidence of animals, like worm burrows, footprints, beak marks and impressions of claws. Both are useful for understanding the extinct creatures that once roamed the environment, though they provide different kinds of information about the past. “Body fossils tell us a lot about the structure of an organism, but a trace fossil … tells us a lot about behaviors,” says lead author Conner Bennett, an Earth and environmental scientist at Utah Tech University, to Crystal Ligori, host of Oregon Public Broadcasting’s “All Things Considered.” Oregon's prehistoric shorebirds probed for food the same way modern shorebirds do, according to the researchers. Bennett et al., Palaeontologia Electronica, 2025 For the study, scientists revisited fossilized footprints discovered at the national monument decades ago. Some specimens had sat in museum storage since the 1980s. They analyzed the tracks using a technique known as photogrammetry, which involved taking thousands of photographs to produce 3D models. These models allowed researchers to piece together some long-gone scenes. Small footprints and beak marks were discovered near invertebrate trails, suggesting that ancient shorebirds were pecking around in search of a meal between 39 million and 50 million years ago. This prehistoric behavior is “strikingly similar” to that of today’s shorebirds, according to a statement from the National Park Service. “It’s fascinating,” says Bennett in the statement. “That is an incredibly long time for a species to exhibit the same foraging patterns as its ancestors.” Photogrammetry techniques allowed the researchers to make 3D models of the tracks. Bennett et al., Palaeontologia Electronica, 2025 Researchers also analyzed a footprint with splayed toes and claws. This rare fossil was likely made by a running lizard around 50 million years ago, according to the team. It’s one of the few known reptile tracks in North America from that period. An illustration of a nimravid, an extinct, cat-like predator NPS / Mural by Roger Witter They also found evidence of a cat-like predator dating to roughly 29 million years ago. A set of paw prints, discovered in a layer of volcanic ash, likely belonged to a bobcat-sized, saber-toothed predator resembling a cat—possibly a nimravid of the genus Hoplophoneus. Since researchers didn’t find any claw marks on the paw prints, they suspect the creature had retractable claws, just like modern cats do. A set of three-toed, rounded hoofprints indicate some sort of large herbivore was roaming around 29 million years ago, probably an ancient tapir or rhinoceros ancestor. Together, the fossil tracks open “a rare window into ancient ecosystems,” says study co-author Nicholas Famoso, paleontology program manager at the national monument, in the statement. “They add behavioral context to the body fossils we’ve collected over the years and help us better understand the climate and environmental conditions of prehistoric Oregon,” he adds. Get the latest stories in your inbox every weekday.

Two teens and 5,000 ants: how a smuggling bust shed new light on a booming trade

Two Belgian 19-year-olds have pleaded guilty to wildlife piracy – part of a growing trend of trafficking ‘less conspicuous’ creatures for sale as exotic petsPoaching busts are familiar territory for the officers of Kenya Wildlife Service (KWS), an armed force tasked with protecting the country’s iconic creatures. But what awaited guards when they descended in early April on a guesthouse in the west of the country was both larger and smaller in scale than the smuggling operations they typically encounter. There were more than 5,000 smuggled animals, caged in their own enclosures. Each one, however, was about the size of a little fingernail: 18-25mm.The cargo, which two Belgian teenagers had apparently intended to ship to exotic pet markets in Europe and Asia, was ants. Their enclosures were a mixture of test tubes and syringes containing cotton wool – environments that authorities say would keep the insects alive for weeks. Continue reading...

Poaching busts are familiar territory for the officers of Kenya Wildlife Service (KWS), an armed force tasked with protecting the country’s iconic creatures. But what awaited guards when they descended in early April on a guesthouse in the west of the country was both larger and smaller in scale than the smuggling operations they typically encounter. There were more than 5,000 smuggled animals, caged in their own enclosures. Each one, however, was about the size of a little fingernail: 18-25mm.The samples of garden ants presented to the court. Photograph: Monicah Mwangi/ReutersThe cargo, which two Belgian teenagers had apparently intended to ship to exotic pet markets in Europe and Asia, was ants. Their enclosures were a mixture of test tubes and syringes containing cotton wool – environments that authorities say would keep the insects alive for weeks.“We did not come here to break any laws. By accident and stupidity we did,” says Lornoy David, one of the Belgian smugglers.David and Seppe Lodewijckx, both 19 years old, pleaded guilty after being charged last week with wildlife piracy, alongside two other men in a separate case who were caught smuggling 400 ants. The cases have shed new light on booming global ant trade – and what authorities say is a growing trend of trafficking “less conspicuous” creatures.These crimes represent “a shift in trafficking trends – from iconic large mammals to lesser-known yet ecologically critical species”, says a KWS statement.The unusual case has also trained a spotlight on the niche world of ant-keeping and collecting – a hobby that has boomed over the past decade. The seized species include Messor cephalotes, a large red harvester ant native to east Africa. Queens of the species grow to about 20-24mm long, and the ant sales website Ants R Us describes them as “many people’s dream species”, selling them for £99 per colony. The ants are prized by collectors for their unique behaviours and complex colony-building skills, “traits that make them popular in exotic pet circles, where they are kept in specialised habitats known as formicariums”, KWS says.Lornoy David and Seppe Lodewijckx during the hearing. Photograph: Monicah Mwangi/ReutersOne online ant vendor, who asked not to be named, says the market is thriving, and there has been a growth in ant-keeping shows, where enthusiasts meet to compare housing and species details. “Sales volumes have grown almost every year. There are more ant vendors than before, and prices have become more competitive,” he says. “In today’s world, where most people live fast-paced, tech-driven lives, many are disconnected from themselves and their environment. Watching ants in a formicarium can be surprisingly therapeutic,” he says.David and Lodewijckx will remain in custody until the court considers a pre-sentencing report on 23 April. The ant seller says theirs is a “landmark case in the field”. “People travelling to other countries specifically to collect ants and then returning with them is virtually unheard of,” he says.A formicarium at a pet shop in Singapore. Photograph: Roslan Rahman/AFP/Getty ImagesScientists have raised concerns that the burgeoning trade in exotic ants could pose a significant biodiversity risk. “Ants are traded as pets across the globe, but if introduced outside of their native ranges they could become invasive with dire environmental and economic consequences,” researchers conclude in a 2023 paper tracking the ant trade across China. “The most sought-after ants have higher invasive potential,” they write.Removing ants from their ecosystems could also be damaging. Illegal exportation “not only undermines Kenya’s sovereign rights over its biodiversity but also deprives local communities and research institutions of potential ecological and economic benefits”, says KWS. Dino Martins, an entomologist and evolutionary biologist in Kenya, says harvester ants are among the most important insects on the African savannah, and any trade in them is bound to have negative consequences for the ecology of the grasslands.A Kenyan official arranges the containers of ants at the court. Photograph: Kenya Wildlife Service/AP“Harvester ants are seed collectors, and they gather [the seeds] as food for themselves, storing these in their nests. A single large harvester ant colony can collect several kilos of seeds of various grasses a year. In the process of collecting grass seeds, the ants ‘drop’ a number … dispersing them through the grasslands,” says Martins.The insects also serve as food for various other species including aardvarks, pangolins and aardwolves.Martins says he is surprised to see that smugglers feeding the global “pet” trade are training their sights on Kenya, since “ants are among the most common and widespread of insects”.“Insect trade can actually be done more sustainably, through controlled rearing of the insects. This can support livelihoods in rural communities such as the Kipepeo Project which rears butterflies in Kenya,” he says. Locally, the main threats to ants come not from the illegal trade but poisoning from pesticides, habitat destruction and invasive species, says Martins.Philip Muruthi, a vice-president for conservation at the African Wildlife Foundation in Nairobi, says ants enrich soils, enabling germination and providing food for other species.“When you see a healthy forest … you don’t think about what is making it healthy. It is the relationships all the way from the bacteria to the ants to the bigger things,” he says.

Belgian Teenagers Found With 5,000 Ants to Be Sentenced in 2 Weeks

Two Belgian teenagers who were found with thousands of ants valued at $9,200 and allegedly destined for European and Asian markets will be sentenced in two weeks

NAIROBI, Kenya (AP) — Two Belgian teenagers who were found with thousands of ants valued at $9,200 and allegedly destined for European and Asian markets will be sentenced in two weeks, a Kenyan magistrate said Wednesday.Magistrate Njeri Thuku, sitting at the court in Kenya’s main airport, said she would not rush the case but would take time to review environmental impact and psychological reports filed in court before passing sentence on May 7.Belgian nationals Lornoy David and Seppe Lodewijckx, both 19 years old, were arrested on April 5 with 5,000 ants at a guest house. They were charged on April 15 with violating wildlife conservation laws.The teens have told the magistrate that they didn’t know that keeping the ants was illegal and were just having fun.The Kenya Wildlife Service had said the case represented “a shift in trafficking trends — from iconic large mammals to lesser-known yet ecologically critical species.”Kenya has in the past fought against the trafficking of body parts of larger wild animals such as elephants, rhinos and pangolins among others.The Belgian teens had entered the country on a tourist visa and were staying in a guest house in the western town of Naivasha, popular among tourists for its animal parks and lakes.Their lawyer, Halima Nyakinyua Magairo, told The Associated Press on Wednesday that her clients did not know what they were doing was illegal. She said she hoped the Belgian embassy in Kenya could “support them more in this judicial process.”In a separate but related case, Kenyan Dennis Ng’ang’a and Vietnamese Duh Hung Nguyen were charged after they were found in possession of 400 ants in their apartment in the capital, Nairobi.KWS had said all four suspects were involved in trafficking the ants to markets in Europe and Asia, and that the species included messor cephalotes, a distinctive, large and red-colored harvester ant native to East Africa.The ants are bought by people who keep them as pets and observe them in their colonies. Several websites in Europe have listed different species of ants for sale at varied prices.The 5,400 ants found with the four men are valued at 1.2 million Kenyan shillings ($9,200), according to KWS.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

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