Coral Gables Appeal Of Polystyrene Ban Dies In Supreme Court

The City of Coral Gables’ appeal to the Florida Supreme Court of the Third District Court of Appeal’s decision to rescind Coral Gables’ ban on polystyrene (styrofoam) use by businesses in the City was denied by the Supreme Court.

The City had been sued by the Florida Retail Federation. The Third District Court of Appeals filed against the City in its decision and Coral Gables appealed the decision to the Florida Supreme Court, who has decided not to hear the case, therefore upholding the Third DCA’s decision.

The Court Order read as follows: “This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.”

SEE SUPREME COURT ORDER

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9 thoughts on “Coral Gables Appeal Of Polystyrene Ban Dies In Supreme Court

  1. Terrible and disappointing decision by the Supreme Court. Publix and others must be celebrating. I guess they just need a few more billions even if this hurts the environment and animals.

  2. What a waste of taxpayer dollars. Spending that money on working with restaurant owners to use alternatives ( the article says plastic bags, the Herald says styrofoam) and getting people to stop throwing trash in our waterways would be a way to help clean up our environment. The lawyers had to have known that the appeal had little chance of being heard, and that the cost was a waste of our money. They just wanted to “grandstand” and try to look good. Or maybe to distract people from the massive concrete canyons being built in Coral Gables that take away green space and compound already horrible traffic problems?

  3. I’m not sure this reporting is correct. The case was not about the ban of plastic bags. It was about the disposable containers made of polystyrene for food take out, coffee, etc. These containers are generally white.

    Can gablesinsider double check this?

    As to the ban on plastic bags, there is a lot of research that the total, and key word here is total, impact on the environment from plastic bags is less than paper or cloth bags.

    Why? Well, in order to manufacture a paper bag you have to plant a tree, fertilize it, water it, then cut it, transport it to a mill, then run machinery to process the tree then, hopefully, you have a paper bag. But this whole process uses lots of fossil fuel and has a huge carbon impact.

    The paper bag has to be put on a truck to deliver to its distributors who then will deliver them to a store. Well, paper (and cloth) bags weigh lots more than plastic bags thus consuming, you guessed it, more gasoline and creating more carbon emissions.

    Finally, all the research shows that plastic gabs have more “recyclable” uses than paper gabs. Probably by a factor of 10X or more. Have you ever been to the beach and put a wet towel or your kids wet bathing suit in a paper bag? No, you have always used a plastic bag from a store. Also, for dog owners, if your community doesn’t provide the poop plastic bags, you have always used a recycled plastic bag from a store. Never a paper bag. And so on.

    So, what may seem obvious at first blush, like banning plastic bags, may not necessarily be the right choice for what is better for the environment when looked at in its total impact.

  4. I applaud the city of Coral Gables for fighting for the environment. Plastic bags are not biodegradable. They end up polluting the oceans and killing fish.

  5. First, the failed attempt for annexation, then the failed attempt to ban plastic bags. What a waste of resources (time and $$$) on issues the residents don’t care about! How about paving the dilapidated roads and sidewalks??? Call me crazy.

  6. We’re used to the prohibition against plastic bags now, so I think it is unfortunate the city’s effort to sustain the ban was denied review by the Fla Sup Ct. But the Court’s decision is final under the law. Time for the City Attorneys and residents to accept the decision and direct our attention to other issues affecting the City Beautiful. Thanks to City Attorney for all the effort that went in to this cause.

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