The Appellate Division of the New York State Supreme Court has ruled that New York City’s latest attempt to ban expanded polystyrene (EPS) foodservice packaging was neither “arbitrary” nor “capricious.”

New York City Mayor Bill de Blasio and City of New York Department of Sanitation Commissioner Kathryn Garcia have made EPS, sometimes called by the trademarked name Styrofoam, a high-profile issue, according to a Plastics News report.

The administration has been targeting EPS since 2013 with a view that the products are not recyclable. An initial attempt at outlawing the material was struck down in by state Supreme Court in 2015. The city was forced to take another look at its argument, which the Supreme Court is now upholding.

Plastics News has more details:

Expanded polystyrene foodservice packaging just took another legal hit in New York City as a state appeals court upheld the city’s right to ban such products.

The move could clear the way for the city to finally take action.

The Appellate Division of the State Supreme Court has ruled that the city’s latest attempt to ban the products was neither “arbitrary” or “capricious” and should stand as conceived.

This is just the latest ruling in what has become a years-long battle between the city on one side and Dart Container Corp. and a group called the Restaurant Action Alliance on the other.

Read the full article here.