Page 42 - Plastics News September 2019

INTERNATIONAL NEWS

Florida court gives industry Hawaii’s proposed council ban
win, tosses out city bans on EPS on single-use plastics clears

packaging obstacle

Florida appellate court struck down a ban on expanded bill that would ban a variety of single-use plastics on
A polystyrene food packaging in Coral Gables, giving A Oahu, from plastic utensils to Styrofoam containers,
a victory to industry groups that argue that state LV QRZ KHDGHG WR D ÀQDO YRWH DW WKH &LW\ &RXQFLO %LOO
governments, not cities, should make decisions on 40 would end the exemptions to the plastic bag ban
banning or regulating packaging. The unanimous Aug. that started in 2015, and also require businesses to
14 decision from Florida's Third District Court of Appeals stop using plastic straws, utensils and containers.
ruled that state laws prevent cities from passing their
own local ordinances around EPS packaging like trays and
cups. The Florida Retail Federation suggested the ruling
would actually go further, and prevent cities there from
banning or regulating plastic bags and other packaging.
The decision is the latest skirmish in a battle that's playing
out in state legislatures and courts around the country
over what are called preemption laws. Industry groups
like the American Progressive Bag Alliance argue that
packaging regulations should be left to state legislatures,
while environmental and local government groups argue
that cities should retain the power to make decisions and
not be preempted. Coral Gables, a beachfront community
neighboring Miami that passed a ban in EPS foam
containers in early 2016, said in a statement on Twitter Councilman Joey Manahan introduced the measure in
that it was "very disappointed with the court's ruling" and July and says Bill 40 aligns with the state’s ambitious
was considering its next steps."The city remains steadfast zero emissions goal by 2045. Councilman Joey Manahan
in its commitment to protecting our environment, introduced the measure in July and says Bill 40 aligns
which includes eliminating the use of harmful items like with the state’s ambitious zero emissions goal by 2045.
polystyrene and plastic bags," it wrote. "The city also ´:H·UH GRLQJ VR PDQ\ WKLQJV DURXQG FOLPDWH FKDQJH
remains wholly committed to defending home rule & local :H·UH FRQFHUQHG DERXW VHD OHYHO ULVH :H·UH FRQFHUQHG
control." The court's decision did not turn on the pros or about global warming, and Hawaii has taken such a
leadership role in the issue and so it’s time for us to
ban plastics,” said Manahan, adding that the expansive
bill was written to address all single-use plastics, but
he understands some exceptions may need to be made,
including plastic straws needed by those with certain
medical conditions. “There’s room for compromise,
but really we need to show leadership especially on
single-use styrofoam containers for food production,”
said Manahan. Polystyrene foam containers have
successfully been banned on both Maui and Hawaii
Island in recent years. Those who oppose the bill have
cons of EPS packaging, but rather on the legal question of
how much power cities should have. The appellate court expressed repeated frustration over how much laws
said that three statutes passed by Florida's legislature limit governing the use of plastics have changed over the
municipal powers. Most immediately, it said a 2016 law years, including an amended ordinance that will ban
VSHFLÀFDOO\ SUHYHQWV FLWLHV IURP UHJXODWLQJ (36 compostable plastic bags beginning in January of 2020.

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