LANSING — Mason-based Dart Container Corporation has won a lawsuit against New York City to overturn a ban on the use of plastic foam containers.
The effort to ban the containers was led by former Mayor Micheal Bloomberg and current Mayor Bill de Blasio. It took effect July 1 after lawmakers voted to approve it in 2013 when the city determined the foam could not be recycled.
Dart Corporation, one of the largest producers of expanded polystyrene foam, commonly known as “Styrofoam,” offered to spend $23 million over the next eight years to purchase and install a machine that would sort foam and polystyrene. The company also offered to recycle the product for city at no cost.
Despite this, Sanitation Commissioner Kathryn Garcia determined it was not economically feasible for the city to recycle foam.
Dart joined with other manufacturers, recyclers and restaurants in the lawsuit, claiming Garcia’s findings were untrue.
New York Supreme Court Judge Margaret Chan found Garcia’s determination to be arbitrary and capricious and that foam products could be recycled.
“Our offer to pay every dime of the start-up costs for recycling, and to ensure the City can sell its recycled product, stands,” said Michael Westerfield, director of recycling programs at Dart, said in a press release. “The victory here is for the environment and for recycling. We are eager to work with the City to get recycling started as soon as possible.”
Source: Lawsuit Against Styrofoam Bans
