Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    ESG

    Foreign equity is moving into North America’s e-scrap origination

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 17, 2026

    Sorted: Country roads, take my recycling

    State program revamp proposal advances in Oregon

    Oregon EPR ruling looms: what legal experts think

    Triple-digit revenue gains propel ABTC’s expansion

    LFP batteries gain acceptance. Can they be recycled?

    May pricing bullish for most bales

    August pricing bearish for plastic bales

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    ESG

    Foreign equity is moving into North America’s e-scrap origination

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 17, 2026

    Sorted: Country roads, take my recycling

    State program revamp proposal advances in Oregon

    Oregon EPR ruling looms: what legal experts think

    Triple-digit revenue gains propel ABTC’s expansion

    LFP batteries gain acceptance. Can they be recycled?

    May pricing bullish for most bales

    August pricing bearish for plastic bales

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Recycling

Court ruling throws Florida bag law into limbo

byJared Paben
May 23, 2017
in Recycling

For years, Florida has prohibited local bans on plastic bags and EPS food-service products – or has it? A state judge recently ruled that the prohibition no longer applies and, in response, one city has passed a plastic bag ban.

Coral Gables, a Miami-area city of 50,000 people, on May 9 approved a ban on thin plastic bags provided by retailers and at special events. The city said the goal is to reduce litter and marine pollution.

This year, states across the country have considered legislation either banning plastic bags or ensuring residents have access to them at store checkouts. Florida’s ban, however, may have been lifted not by lawmakers but by the judicial branch.

Florida court decision

More than a year ago, Coral Gables passed a ban on polystyrene foam food-service products. In response, the Florida Retail Federation and the owner of a 7-Eleven in Coral Gables, filed a lawsuit in state court. In the July 2016 lawsuit, they claimed the ban violated a state prohibition on local bans.

On Feb. 27, 2017, judge Jorge Cueto of a Miami-Dade County state court, found in favor of Coral Gables and dismissed the lawsuit. He decided that the state prohibition is “unconstitutionally vague” because it lacks the necessary standards and guidelines for implementation, allowing the state to do nothing indefinitely.

About a decade ago, lawmakers passed a bill requiring the Department of Environmental Protection (DEP) to analyze the need for statewide regulations on auxiliary containers, wrappings and disposable carry-out bags. DEP was required to provide recommendations to the legislature by Feb. 1, 2010. Until the legislature adopted the recommendations, local governments were banned from regulating those materials.

“The Legislature was given the report in 2010 and, to date, none of the recommendations contained therein have been adopted,” Cueto wrote. “The statute provides no guidance or deadlines with respect to the Department’s adoption or rejection of the environmental recommendations, leaving local governments and state agencies in a state of indefinite limbo.”

Moving forward

The plaintiffs have appealed the decision to the Florida Third District Court of Appeal, where it remains.

In the meantime, given the ruling in its favor in the foam case, the City of Coral Gables is also pursuing a bag ban, the first to be approved in the state. According to the Miami Herald, other local jurisdictions are considering similar moves, and several have passed resolutions in favor of bag bans.

California and Hawaii have statewide bans on bags. The following states have gone the other way, prohibiting local bans on those materials: Arizona, Florida, Idaho, Indiana, Iowa, Michigan, Missouri and Wisconsin.

In other states, the fighting continues.

On May 12, Minnesota’s governor, Mark Dayton, vetoed a bill that included language prohibiting municipalities from banning bags. On May 15, he vetoed a different bill that had text preventing municipalities from taxing bags.

Also on May 12, Maine Gov. Paul LePage vetoed legislation imposing a statewide ban on plastic bags.

The June edition of Resource Recycling magazine will include an in-depth look at the state of bag bans.

 
Other stories related to government

 

NovoTec Plexus

Tags: Hard-to-Recycle MaterialsLegalLegislation & EnforcementPlasticsPolicy Now
TweetShare
Jared Paben

Jared Paben

Related Posts

Lawsuits hover days after SB 54 approval

NAW-backed coalition seeks SB 54 injunction

byStefanie Valentic
August 21, 2026

NAW says SB 54's 2032 recyclability mandate leans on the same standard a federal judge already froze in the SB...

The Maine state capitol building.

No bidders respond to Maine’s EPR RFP

byStefanie Valentic
August 20, 2026

Following CAA's announcement that it would not submit a bid for Maine's EPR program, the state's DEP announced that no...

The Maine state capitol in Augusta.

Circular Action Alliance won’t bid on Maine’s PRO contract

byStefanie Valentic
August 19, 2026

Circular Action Alliance announced it will not submit an RFP to implement Maine's EPR packaging program.

Landfill seen from above with equipment moving materials.

PFAS, EPR reshape waste and recycling policy

byStefanie Valentic
August 19, 2026

David Biderman, industry veteran and consultant, provided a regulatory update to attendees at WR Expo.

State program revamp proposal advances in Oregon

Oregon EPR ruling looms: what legal experts think

byStefanie Valentic
August 17, 2026

A ruling in NAW v. Feldon is expected by the end of August. Here's what legal experts think will happen.

End markets, policy key to RPET viability

PET in focus: Is help on the way?

byAntoinette Smith
August 17, 2026

California market payments progress State-level PCR mandates too new to evaluate India may provide look at future  The past few...

Load More
Next Post

How National Sword is upending exports

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

The Maine state capitol in Augusta.

Circular Action Alliance won’t bid on Maine’s PRO contract

August 19, 2026
The Maine state capitol building.

No bidders respond to Maine’s EPR RFP

August 20, 2026
State program revamp proposal advances in Oregon

Oregon EPR ruling looms: what legal experts think

August 17, 2026
Company debuts battery-containing device shredder

New battery shredding system debuts stateside

August 20, 2026
PureCycle sees easing headwinds to R-PP adoption

PureCycle says H2 outlook already playing out 

August 13, 2026
ESG

Foreign equity is moving into North America’s e-scrap origination

August 19, 2026
Google explores how to capture 4.5 billion tons of plastic

Bale pricing diverges for August

August 18, 2026
End markets, policy key to RPET viability

PET in focus: Is help on the way?

August 17, 2026
Triple-digit revenue gains propel ABTC’s expansion

LFP batteries gain acceptance. Can they be recycled?

August 17, 2026
May pricing bullish for most bales

August pricing bearish for plastic bales

August 17, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.