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U.S. NEWS A7
                                                                                                                                 Wednesday 23 September

Judge overturns New York City ban on plastic foam containers 

JAKE PEARSON                  New York City Mayor Bill de Blasio arrives at city hall in New York, Monday, Sept. 21, 2015. A state                               material called expand-
Associated Press              judge has overturned New York City’s ban on plastic foam containers, according to a decision                                       ed polystyrene foam. Al-
NEW YORK (AP) — A state       made public Tuesday. The environmental initiative was spearheaded by former Mayor Michael                                          though commonly referred
judge has overturned New      Bloomberg, and supported by current Mayor Bill de Blasio.                                                                          to as Styrofoam, that Dow
York City’s ban on plastic                                                                                                                                       Chemical Co. brand isn’t
foam containers, finding                                                                                                                  (AP Photo/Seth Wenig)  used as a food container,
the nearly 30,000 tons of                                                                                                                                        the company has said.
dirty meat trays and to-go    industry estimates of the     the basis of her conclusions  cent of its wasted plastic                                             Prohibitions on the product
cups now sent to landfills    market and recycling op-      when the evidence con-        foam wasn’t sent to land-                                              exist in other cities across
can be recycled in a cost-    portunities generated dur-    trary to her findings were    fills, though as much as 75                                            the country, such as San
effective way, according      ing the yearlong review       clearly before her,” Chan     percent could be recycled                                              Francisco, Seattle and Port-
to a decision made public     period when she decided       wrote, noting industry esti-  following machinery im-                                                land, Oregon. The ban had
Tuesday. The ban went into    that plastic foam couldn’t    mates that 21 companies       provements.                                                            made New York the largest
effect July 1 after lawmak-   be recycled economically      would buy used contain-       The takeout containers                                                 city in the country to pro-
ers voted in 2013 to ap-      and in an environmentally     ers from the city. She also   popular with street vendors                                            hibit plastic foam, which
prove it unless a yearlong    friendly way.                 noted the city would save     for keeping food warm                                                  environmentalists say clogs
inquiry found the foam        Garcia didn’t “clearly state  $400,000 annually if 40 per-  are actually made from a                                               up landfills.
could be effectively recy-                                                                                                                                       Mayoral spokeswoman Is-
cled. An industry group of                                                                                                                                       hanee Parikh said de Blasio
manufacturers, recyclers                                                                                                                                         administration officials dis-
and restaurant-owners                                                                                                                                            agreed with the ruling and
then sued, arguing that the                                                                                                                                      were reviewing options to
ban was based on politics,                                                                                                                                       keep the ban in place.
not policy, and that recy-                                                                                                                                       “These products cause
cling was feasible. The en-                                                                                                                                      real environmental harm,
vironmental initiative was                                                                                                                                       and we need to be able to
spearheaded by former                                                                                                                                            prevent nearly 30,000 tons
Mayor Michael Bloomberg,                                                                                                                                         of expanded polystyrene
an independent, and sup-                                                                                                                                         waste from entering our
ported by current Mayor Bill                                                                                                                                     landfills, streets and water-
de Blasio, a Democrat.                                                                                                                                           ways,” she said.
But state Supreme Court                                                                                                                                          Cas Holloway, a former
Judge Margaret Chan                                                                                                                                              Bloomberg deputy mayor
ruled that Department of                                                                                                                                         who led that administra-
Sanitation Commissioner                                                                                                                                          tion’s efforts to ban plastic
Katheryn Garcia didn’t                                                                                                                                           foam, called Chan’s deci-
properly take into account                                                                                                                                       sion “clearly wrong.”q
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