DALLAS(CBSDFW.COM) - A coalition of plastic retail bag manufacturers and recyclers filed a lawsuit in district court arguing the single-use carryout bag ordinance violates the Texas Solid Waste Disposal Act and should be invalidated.
The plaintiffs, which include Hilex Poly ("Hilex"), Superbag Operating, Ltd. ("Superbag"), the Inteplast Group, Ltd. ("Inteplast"), and Advance Polybag, Inc. ("API") says the act explicitly prohibits a city from imposing "a fee or deposit on the sale or use of a container or package" and forbids a city from enacting an ordinance to "prohibit or restrict, for solid waste management purposes the sale or use of a container or package in a manner not authorized by state law."
The ordinance levies a five-cent fee for each bag provided at the checkout counter.
The city says the goals of the ordinance, implemented in January, are to promote a "culture of clean" by reducing bag litter and encourage people to switch to reusable bags instead.
The lawsuit also questions whether the "environmental fee" imposed by the ordinance is an illegal tax.
"The plastic retail bag manufacturing and recycling industries support thousands of Texans with high-paying, quality jobs they need to support their families. For the sake of our workers, the hardworking residents of Dallas, and Texas' overall economy, to which we contribute millions every year, we are eager to resolve this matter once and for all," said Mark Daniels, Senior Vice President of Sustainability with Hilex.
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