Judge overturns plastic foam container ban

The New York State Supreme Court overturned the ban on plastic foam containers in New York City on Tuesday. The Restaurant Action Alliance sued to

The New York State Supreme Court overturned the ban on plastic foam containers in New York City on Tuesday.

The New York State Supreme Court overturned the ban on plastic foam containers in New York City on Tuesday. (9/23/15)

BROOKLYN - The New York State Supreme Court overturned the ban on plastic foam containers in New York City on Tuesday.

The Restaurant Action Alliance sued to overturn the ban, which went into effect on July 1, saying there is no proof that the foam can't be recycled if it has food on it.

The judge found the ban was "arbitrary and capricious."

Mayor Bill de Blasio's office released a statement on the ruling, saying, "We disagree with the ruling. These products cause real environmental harm, and we need to be able to prevent nearly 30,000 tons of polystyrene waste from entering our landfills, streets and waterways. We are reviewing our options to keep the ban in effect."

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