A New York state judge has overturned New York City’s ban on
plastic foam containers, finding the nearly 30,000 tons of dirty meat trays and
to-go cups now sent to landfills can be recycled in a cost-effective way,
according to a decision made public Tuesday.
The Associated Press‘s Jake Pearson reports:
The ban went into effect July 1 after lawmakers voted in 2013 to approve it
unless a yearlong inquiry found the foam could be effectively recycled. An
industry group of manufacturers, recyclers and restaurant-owners then sued,
arguing that the ban was based on politics, not policy, and that recycling was
feasible.
The environmental initiative was spearheaded by former Mayor Michael Bloomberg,
an independent, and supported by current Mayor Bill de Blasio, a Democrat.
But state Supreme Court Judge Margaret Chan ruled that Department of Sanitation
Commissioner Katheryn Garcia didn’t properly take into account industry
estimates of the market and recycling opportunities generated during the
yearlong review period when she decided that plastic foam couldn’t be recycled
economically and in an environmentally friendly way.
Garcia didn’t “clearly state the basis of her conclusions when the
evidence contrary to her findings were clearly before her,” Chan wrote,
noting industry estimates that 21 companies would buy used containers from the
city. She also noted the city would save $400,000 annually if 40 percent of its
wasted plastic foam wasn’t sent to landfills, though as much as 75 percent
could be recycled following machinery improvements.
The takeout containers popular with street vendors for keeping food warm are
actually made from a material called expanded polystyrene foam. Although
commonly referred to as Styrofoam, that Dow Chemical Co. brand isn’t used as a
food container, the company has said.
Related news coverage:
