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Dart Container Files Lawsuit Against the NYC Foam Ban


(New York, NY) – Dart Container Corporation joined with the Restaurant Action Alliance NYC, members of the recycling industry, and the City’s restaurant owners today in filing a lawsuit seeking to overturn the City’s irrational ban on foam foodservice items. Mayor Bill de Blasio, the New York City Department of Sanitation, and DSNY Commissioner Kathryn Garcia are named as respondents in the petition, which was filed against the Commissioner’s erroneous determination that foam cannot be recycled. The determination flagrantly violated Local Law 142 as well as sound environmental and economic policy and plain common sense.

The suit, which was filed in New York Supreme Court, called the decision to ban foam “arbitrary and capricious,” and asked the Court to reverse the Commissioner’s determination that foam is not recyclable and order DSNY to implement rules to recycle foam.

“We put together a plan that even the City’s recycler supported that would have removed all polystyrene foam, and not just foodservice articles, from the City’s waste stream. Our plan represented sound environmental policy, but they opted for a politically-expedient ban,” said Michael Westerfield, Dart’s Director of Recycling. “The City Council set forth very specific criteria for the DSNY to evaluate, and we met or exceeded every one. What we didn’t know is that City Hall had a hidden agenda that would not be swayed by facts or common sense. We are taking a stand today to protect the thousands of businesses that will suffer if this ban is allowed to stand, as well as manufacturers and recyclers who oppose this ban.”

Read Full Press Release here.

Read the Executive Summary here.