The Latest News on Dart's Lawsuit Against the New York City's Ban of Foam Foodservice Products


On September 22nd, Manhattan Supreme Court Justice Margaret Chan overturned the EPS ban calling it an “arbitrary and capricious” decision, due to the overwhelming evidence that EPS is indeed recyclable and there is a viable market for the recycled product.

Mayor’s styrofoam ban struck down by — science

Justice Margaret Chan overturned the ban on Styrofoam and related products, citing clear-cut evidence that recycling the materials could save the city at least $400,000 a year.

Court Chucks Arbitrary NYC Ban on Styrofoam

Overturning New York City's ban on plastic foam containers on Tuesday, a judge criticized the city's leading sanitation official for claiming that recycling the containers was not realistic.

No ‘Styrofoam’ ban: reports

A Manhattan judge has put an end to Mayor de Blasio’s ban on “Styrofoam” beverage and food containers because there’s enough evidence to support that the city could save money by recycling the material, published reports state.

Dart Container Wins Lawsuit to Overturn NYC Foam Ban

Mason-based Dart Container Corporation has won a lawsuit against New York City to overturn a ban on the use of plastic foam containers.

New York State Supreme Court Overturns City's Ban on Foam

The New York State Supreme Court today overturned Sanitation Commissioner Kathryn Garcia’s decision to ban foam foodservice items, clearing the way for the City to embrace a recycling program that would cover 100 percent of polystyrene products and generate new revenue for the City.

EPS ban could impact senior care

A ban on certain expanded polystyrene (EPS) in New York City is going to make an impact on senior living facilities. Polystyrene foam cups have advantages over paper cups in settings that cater to seniors.  Healthcare providers will be forced to pay wholesale costs of alternative solutions that cost twice as much, or even more. That's tough to swallow when so many healthcare businesses are already being squeezed by tougher regulations and lower reimbursements. 

NYC's piecemeal recycling hits small businesses

In the next few weeks, a New York court could set the city on a truly progressive path by directing it to recycle all plastic foam, rather than ban a small portion of it. But it shouldn't take a judge's order for the de Blasio administration to fully embrace recycling. The city should implement a plan now to recycle all foam at zero cost to taxpayers.

Restaurant owners petition to reverse New York's foam foodservice products ban

The New York Restaurant Action Alliance (RAA) says more than 1,000 small business owners from New York City’s five boroughs have signed a petition demanding Mayor Bill de Blasio reverse his foam foodservice products ban. Restaurants and bodegas say they consider the ban, which went into effect on July 1, 2015, but will not be enforced until January 2016, a serious threat. Those who signed the petition say the mayor defied his own campaign promise to strengthen the city’s small business infrastructure by enforcing the ban.

NYC provides businesses a foam grace period and hardship waiver

Good News in NYC! NYC has announced a “grace period” lasting from July 1, 2015 until January 1, 2016 during which they will NOT issue fines or penalties for business that use foam foodservice containers. Also, nonprofits and small businesses (not part of a chain) with less than $500,000 in revenue per year may apply for hardship exemptions from the Department of Small Business Services (SBS) if they can prove that the purchase of alternative products not composed of EPS would create undue financial hardship.

Upstate senators criticize de Blasio ban on foam containers

Two state senators from upstate New York have joined pro-foam advocates in attacking Mayor Bill de Blasio's ban on polystyrene food and beverage containers. Republican senators Betty Little and John Bonacic on Wednesday said the ban saying will kill jobs in their upstate districts and hurt the environment.

NYC polystyrene foam ban called "nonsensical" by former deputy mayor

Most cities want to recycle as much waste as possible, but a broad coalition of recyclers, foam foodservice manufacturers, individual restaurant owners and the Restaurant Action Alliance NYC have filed suit against New York City's Mayor Bill de Blasio, Commissioner Kathryn Garcia and the NYC Department of Sanitation over the city's illegal ban of expanded polystyrene foam (EPS) foodservice products. The lawsuit filed in New York State Supreme Court seeks to overturn the de Blasio administration's January 2015 decision to ban foodservice products in New York City.

Industry Groups Sue to Stop NYC's Plastic Foam Container Ban

Mayor Bill de Blasio's decision to ban plastic foam containers such as to-go cups and meal trays was politically motivated, out of step with a New York City law and should be stopped by a state supreme court judge, according to a coalition of restaurant, manufacturing and lobbying groups that filed a lawsuit Thursday.

Dart Corporation Files Lawsuit Against NYC

Dart container has joined a lawsuit against New York City over a ban on styrofoam plates and cups. The city's Mayor and Sanitation Department are named in the suit filed in New York's Supreme Court.

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 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.

City businesses take fight against polystyrene foam container ban to court

A coalition including the Restaurant Action Alliance and Dart Container Corp. contends the ban Mayor de Blasio wants to start July 1 is illegal because the law requires the city to recycle such products, but Sanitation Commissioner Kathryn Garcia ruled arbitrarily that soft foam containers cannot be recycled.

Styrofoam proponents call NYC ban a ‘sham’

Styrofoam proponents filed a lawsuit claiming that Mayor de Blasio’s ban of their product is a “sham” — and that he only went through with it to keep his campaign promises and not because it can’t be recycled.


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