Judge Rejects NYC Foam Food Container Ban

The prohibition against restaurants using polystyrene containers went into effect in July.

September 24, 2015

NEW YORK CITY – New York’s ban on polystyrene food containers lasted only a few months before a state supreme court judge struck it down, the New York Times reports. 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 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 be looking for ways to keep the ban in place.

“We disagree with the ruling,” said Ishanee Parikh, a mayor spokeswoman. “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 Corporation, suggested an alternative solution to the ban. “We view this as a win for recycling and the environment,” said Westerfield of the judge’s decision. The Restaurant Action Alliance filed a lawsuit against the city in April to halt the prohibition. 

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