New York City has appealed a trial court decision overturning a determination
that expanded polystyrene foam (EPS) cannot be recycled, which
had resulted in a municipal ban on the material. In re Restaurant Action
Alliance, NYC, No. 100734 (N.Y. App. Ct., filed October 26, 2015).

The appeal argues that the commissioner of the Department of Sanitation
of New York conducted an extensive review over six months before
reaching the determination that EPS could not feasibly be recycled
and, thus, should be banned from commercial use within the city. “City
Council prudently left determination of predictive questions about
the future feasibility and sustainability of recycling foam waste to the
judgement of the Commissioner,” the appeal argues. “[The trial court] was wrong to second guess the Commissioner’s determination based
primarily on a short-term recycling plan proposed by the world’s largest
foam manufacturer.” Additional information about the lower court’s
ruling appears in Issue 579 of this Update.


Issue 583

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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