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Poly-Pak Industries, Inc. v. New York

ELR Citation: 50 ELR 20205
Nos. 902673-20, (N.Y. Sup. Ct. , 08/20/2020)

A New York court upheld a state law banning certain entities from distributing single-use plastic bags. A plastic bag manufacturer and convenience store owners argued the law was unconstitutionally vague and conflicted with existing law, and that the regulations promulgated to implement the law exceeded and contradicted its terms by authorizing the use and distribution of reusable plastic bags that were at least 10 mils thick. The court found that petitioners' challenges to the law itself were without merit, but that the regulations exceeded the terms of the law by setting the minimum thickness for acceptable bags at 10 mils. It therefore invalidated the portion of the regulations that allowed thicker plastic bags to be used and distributed, but upheld the ban itself.