NEW YORK, NY – It’s happening again. New York City officials are trying to ban Styrofoam.

In 2013, at the urging of then-Mayor Michael Bloomberg and with the support of present-Mayor Bill de Blasio, the New York City Council passed legislation banning polystyrene foam products such as coffee cups, trays and clamshell food containers popular with restaurants that feature takeout. Polystyrene, commonly known as Styrofoam, was deemed by the city to be un-recyclable. The ban was set to take effect on July 1, 2015, giving businesses time to prepare for the moratorium.

But during the transition period, a consortium of businesses, including restaurants and plastics manufacturers, sued the city in the New York Supreme Court, arguing Styrofoam was recyclable. In September 2015, Judge Margaret A. Chan ruled the businesses had provided sufficient evidence Styrofoam could be recycled, so she lifted the ban. The city appealed her ruling, but the Court of Appeals refused to hear the case. It appeared the ban was dead.

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