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Judge Rejects NYC Foam Food Container Ban

Last updated on September 28th, 2015 at 03:43 pm

New York City’s ban on polystyrene food containers lasted only a few months before a state Supreme Court judge struck it down. The judge took issue with the city’s position that recycling foam food containers “was neither environmentally effective nor economically feasible.”

The judge is requiring the New York City sanitation department to re-evaluate the prohibition since a polystyrene container maker has proposed better machines to clean and sort the containers in an effort to stop most of the material from reaching a landfill.

Meanwhile, the city has indicated it will look for ways to keep the ban in place.

“We disagree with the ruling,” said Ishanee Parikh, a spokesperson for New York City Mayor Bill de Blasio. “These products cause real environmental harm, and we need to be able to prevent nearly 30,000 tons of expanded polystyrene waste from entering our landfills, streets and waterways. We are reviewing our options to keep the ban in effect.

Michael Westerfield, director of recycling for the Dart Container Corp., said of the judge’s decision, “We view this as a win for recycling and the environment.”

The Restaurant Action Alliance filed a lawsuit against the city in April to halt the prohibition.

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