Judge overturns New York City ban on plastic foam containers

A Dunkin' Donuts' foam cup is discarded in a trash bin in New York Thursday, Feb. 14, 2013. (AP Photo/Mark Lennihan)

A New York Supreme Court judge has overturned New York City's ban on plastic foam containers such as egg cartons and to-go cups.

In a decision made public Tuesday, Margaret Chan found the city Department of Sanitation's commissioner's order banning the product to be arbitrary and capricious.

The ban was spearheaded by then-Mayor Michael Bloomberg and supported by current Mayor Bill de Blasio. It went into effect July 1.

Officials estimate 28,500 tons of dirty plastic foam end up in city landfills every year.

In April, a group of manufacturers, recyclers and restaurants sued to stop the ban. They argued the containers could be effectively recycled in a way that saves the city money.

Chan found the city could save $400,000 recycling 40 percent of its wasted plastic foam.
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