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.”
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