60 Minutes reports that not a single bankster has been prosecuted on criminal charges over violations of the Sarbanes-Oxley Act (a/k/a Sarbox)—the corpoate ethics law much-ballyhooed by reformers and much-belittled by corporations (on whom it imposed a significant paperwork burden).

As the TV program documents, there’s plenty of evidence of criminal wrongdoing, and there are people who would be perfectly willing to testify. Why the failure of will?

Could it perhaps be related to that other failure: failure to prosecute the leaders of George W. Bush’s administration who lied their way into two wars, passed billions of dollars in sweetheart deals, stole two presidential elections (and likely a few key races in Congress), and approved a regulatory climate that let the banks and polluters run amok?

Just wondering out loud. What do you think?

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Must-read article by Eliot Spitzer on how banks defrauded the government into giving a whopping $7.7 trillion in secret loans, with no conditions, under false pretenses. That is half the entire GDP!

And that’s OUR money, folks! Bush’s “regulators” let these deals happen with no scrutiny of the banks, and nobody was scrutinizing the regulators.

“If you’re not outraged, you’re not paying attention.” (author unknown)

“Justice, justice shalt thou pursue.” (The Talmud)

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Here’s a company that’s been selling hand-made recycled art papers since 1998 (think about really cool and classy invitations)—and has just developed a new paper line using post-brewery barley as one of the ingredients—and being smart marketers, billing it as the first beer paper. They sponsored this morning’s HARO, and thus, I learned about them. I clicked over half expecting some very rough page put up by a few carousing fratboys–boy, was I wrong! These people love the earth and love what they do, which is obvious on every page of their site.

The firm is called Twisted Limb, out of Bloomington, Indiana. I love their sustainability page, too.

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Fascinating article by Marc Stoiber on how Patagonia’s latest environmental initiatives tells customers not to buy what they don’t need, and to make what they do buy last forever. And if it doesn’t last forever, Patagonia will take it back and recycle it for you.

It may be counter to common logic, but Stoiber thinks this will increase sales, and tells why. And I agree, for reasons I cite in my latest book, Guerrilla Marketing Goes Green—that caring and an envirnmental/soial justice agenda build fans and build the brand.

Patagonia is always a great company to watch and learn from, and this initiative does not surprise me.

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One of the most exciting things about the green movement lately is the way it’s become so mainstream. After some 40 years in this movement, I am deeply gratified that every company I can think of is taking steps toward sustainability. Some, like Marks & Spencer in the UK and believe it or not, Walmart in the US (and worldwide)—a company not exactly swarming with treehuggers—have practically made it into a religion.

In my talks and interviews, I almost always mention Walmart, because that company is heavily driven by the profit motive—and has found it extremely profitable to lower expenses by paying attention to sustainability, and at the same time create new profit centers. For instance, Walmart is selling truckloads of organic food to people who would never set foot in a Whole Foods. While I still have many other issues with the company, ranging from labor practices and supplier policies to siting and closed-store-reuse, on sustainabiity, I have only praise.

And if  bottom-line-driven, NON-treehugger company like Walmart can build a green path to prosperity, what holds the rest of us back?

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It’s been a great discussion the past few days about whether and when it makes sense to work with companies that don’t share your values. I promised to add my own views after we’d gotten some comments, and thus, this post—which I wrote before receiving any of the comments, but chose to hold back on posting:

Here’s my take, as a long-time peace/environmental activist who also writes about how to leverage social change through business. You have these options:
1. Be a purist and refuse any tainted money or tainted partnerships, defining taint to mean that the company is in some way involved in things you disagree with.

2. “Separation of powers,” where you will work with a company that has dirty hands, but only work on the clean-hands aspects of that company.

3. Use the partnership to actively push the company toward more progressive stances, and eventually to abandon the actions that caused you to look askance in the first place.

I’ve evolved on this issue over time. In the 70s, I’m pretty sure I’d have been a #1. And been out in the streets with the protestors. But that was before I saw how the business world can not only change itself, but become a fulcrum for change in the wider society. These days, I’m at least a #2 and when possible, a #3. I’m even in dialogue with an outfit that does seminars for utility companies—and I told them I would not assist with anything that promoted nuclear (and if they hire me to present, I will definitely be using my bully pulpit to push the #3-style agenda to the utilities attending the conference).

But I do think there might be companies (or governments) whose philosophy is so opposed to mine that I would still be a number 1, still refuse to get my hands dirty.

I also recognize that sustainability is a path, and we are all somewhere on the path. I am not sure you could find a person who is living 100% sustainably. Even my very self-sufficient 90-year-old friend who lives in a mountaintop cabin she and her late husband built themselves, with no electricity or running water, grows most of her own food, and keeps her income below the taxable level—creates carbon emissions with her woodstove.

I think a great example is Walmart. I don’t choose to shop there, because I oppose its policies on labor issues, community development impact, predatory pricing, and a host of other areas. At the same time, I have publicly lauded Walmart, many times, for its groundbreaking, deep, systemic attention to sustainability. And I point out that Walmart is not a company of tree-huggers, but of executives looking to maximize profit. I’m willing to publicly praise Walmart’s ability make and save boatloads of money through enormous initiatives to use less energy and to introduce organic foods/green products to customers who would *never* set foot in a Whole Foods–even while choosing to put my own shopping dollars elsewhere.

I discuss this kind of conundrum a bit in my latest book, Guerrilla Marketing Goes Green.

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On one of the green discussion groups, someone raised the question whether it’s appropriate to work with a company whose mission is at odds with your values—on the parts where your values intersect. So, for example, would a pacifist environmentalist work with a military contractor on a sustainability project?

The discussion came out of this New York Times article about the conflict between green purists and green pragmatists about working with military contractor Lockheed Martin.

I have a very definite opinion on this, and will post it over the weekend—but I’d like to see what others think. Will you please post a comment, below?

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Does BP actually HAVE a working PR department? The latest bonehead self-inflicted assault on the company image was to prevent five Gulf residents, holding legitimate proxies, from entering the annual shareholder meeting they’d traveled all the way to London to attend.

This on top of the news that the company is suing the other companies involved in construction of the exploded rig for a combined $40 billion; BP has paid out about $4 billion in claims.

Boy am I glad I don’t have the job of making them look good to an increasingly skeptical public.

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When is certification NOT a good idea? When the body doing the certifying owns the company being certified but doesn’t disclose this. Can you say “conflict of interest?”

“Tested Green” Environmental Certifications were neither tested, nor green.  The Washington, D.C. based company was apparently running a pay-for-certifications program and improperly stating that independent associations endorsed the certifications (the “independent associations” and Tested Green were all owned by the same person).

Ironically, the page where I first found this was trying to sell people on a high-priced and kind of dicey-looking conference about certification fraud. I had to dig around on Google until I found a link I felt comfortable sharing.

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Packing waste is a scourge in our society. Filling landfills, choking birds, littering our streets, it definitely is a problem that needs to be addressed.

One way, of course, is by generating less packaging in the first place. Do companies really need the little plastic baggie inside the pouch inside the form-fitting foam insert inside the cardboard box inside the shrinkwrap inside a forest of packing peanuts inside a shipping box inside another layer of outer wrap? That kind of overpackaging is all-too-common among boxes I’ve opened. 100 years ago, many products were sold in bulk. We could certainly return to bulk packing for more things.

But another way is to deal with the packaging once it is created. As individuals, we can do a lot of this: reuse glass jars and plastic containers, recycle or compost cardboard and paper, bring our egg cartons back to the farmer, and so forth. But for a lot of the products sold through mainstream retail channels—and particularly for the less simple packing like aseptic boxes, snack chip bags, and drink pouches—we simply don’t know what do to with the packaging.

Enter TerraCycle(R). This company actually pays consumers to pack up their trash and send it off, where it gets transformed into a host of interesting products like fencing, picnic coolers, and—isn’t this cute—recycle bins. In all, the company creates 256 different products out of recycled packaging that would have (in many cases) been thrown in the landfill.

Cool, huh?

Also cool is the way the company involves schools in the collection effort.

BUT…with my particular consumption habits, the site doesn’t work for me. First of all, the company only collects 38 different types of waste, out of the thousands of possibilities. And of those 38, 13 require specific brands—not necessarily the brands I buy. I might dispose of one tube of Neosporin in a year, and that’s not worth collecting. But if I could bring all my empty tubes of toothpaste, skin cream, mentholated muscle-relief cream along with my single tube of Neosporin, that would be worth setting aside, if the drop off was convenient.

The company has made big strides since my last visit, in broadening many of the items from specific brands to generic categories taking any brand, but still…

Then there’s the matter of collection. Each of the 38 has a different set of collection sites. I can’t really see that I’m going to drive hither and yon, dropping off three wine corks here, two cereal wrappers there. And I don’t really understand the logic of having multiple collection streams for essentially the same kind of waste (e.g., a cardboard box for macaroni and cheese is handled differently form a cardboard box wrapped around a tube of Colgate toothpaste).

Using schools as an organizing force makes sense, but not all of us have school-age children. I’d love to see the company partner with landfill and transfer station sites around the country, so collection could be streamlined at the place we’re bringing our trash anyway.

And finally, while I recognize that e-mail can go astray and forms can break, it does bother me that I wrote the following and submitted it through the company’s website back on November 21. Six months later, I haven’t gotten an answer yet:

I was hoping to come to your website and determine whether there are collection points near me. I am surprised by how difficult that is–there’s no way to search by geography, only by product. And the products–so many of them tied to specific brands–don’t correspond well with my buying patterns.

Thus, even though I would be delighted to ship off my trash to you, I see no practical way to participate. I’d love for instance to be able to send you the plastic bags my home-delivery newspaper arrives in on wet days. Or sandwich baggies that are contaminated with food residue and no longer suited to direct re-use. Or the pet food bags which are paper lined with plastic.

Still, I wish them well. I’d love to come back in another six months and discover that it’s vastly easier to get rid of my junk and see it turned into great stuff.

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