Judge Rejects NYC Foam Food Container Ban

Justice Margaret A. Chan of the State Supreme Court in Manhattan has overturned New York City’s ban on polystyrene foam (or Styrofoam) packaging.

Taking exception to the ban imposed by the local government in New York on containers made of plastic foam, a province judge said it was incorrect to say that the material was not recyclable.

A lawsuit brought against Mayor Bill de Blasio, Sanitation Commissioner Kathryn Garcia and the Department of Sanitation in July 2015 challenged the legality of the decision to ban EPS foam.

The material in question is commonly known as “styrofoam”, as it is referred to in the city’s initial release on the ban.

The ruling comes as a big win for the manufacturers of the foam containers who have lobbied for the last two years to knock over the ban.

Ms. Garcia didn’t “clearly state the basis of her conclusions when the evidence contrary to her findings were clearly before her”, Ms. Chan wrote, noting industry estimates that 21 companies would buy used containers from the city.

A coalition of business owners sued the city this year, saying the ban was only instituted for political reasons.

“The industry has had decades to create a viable foam recycling market and it has not done so”, he said. “The judge has ended the debate about polystyrene recycling by making clear it can be recycled and there is a market for it. Now it’s time for the city to capitalize on this development”.

“These products cause real environmental harm, and we need to be able to prevent [them] from entering our landfills, streets, and waterways”, she said.

“We’re very gratified by the judge’s decision and we now look forward to working with the city to implement a comprehensive recycling program that reduces the amount of waste going to landfills and provides substantial increased revenue to the city”, Mastro siad by phone.

De Blasio spokesperson Ishanee Parikh told the Associated Press that the mayor’s office disagreed with the ruling and was reviewing options to keep the ban in place. She also said the city’s contention that the containers could not easily be recycled was wrong.