Supreme Court Ruling Nullifies Laredo City Plastic Bags Ban

SEATTLE (Scrap Monster): In a widely anticipated ruling, the Texas Supreme Court noted that cities cannot ban stores from distributing disposable plastic shopping bags to shoppers. In a unanimous ruling issued on Laredo’s ban on single-use plastic bags, the justices ruled that Texas’s state law on solid waste disposal preempts the local ordinance. The ruling is expected to have its impact on other Texas cities which already has a ban in place, including Austin, Fort Stockton and Port Aransas.

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The Court pointed out that Texas Constitution clearly states that city ordinances cannot conflict with state law. Accordingly, local government may not adopt an ordinance that prohibits or restricts the sale or use of a container or package in a manner not authorized by state law. Although the law does not provide clear explanations for containers and packages, the plain meaning implies that they include bags as well. The Court noted that the state law preempts and invalidates any local anti-litter ordinance as the one adopted by the City of Laredo. Incidentally, the City ordinance had aimed at reducing litter from single-use plastic and paper bags, by discouraging the use of these bags.

Shortly before the effective date of the ordinance, the Laredo Merchants Association had sued the City. The Fourth Court of Appeals had declared the bag ban unlawful in August 2016, which was later upheld by the Texas Supreme Court. The latest ruling comes on City’s petition for review.

The Court’s decision was welcomed by Texas Attorney General Ken Paxton, who has been a strong opponent of plastic bag ban from the very beginning. However, several environmental groups condemned the ruling, stating that it is a blatant challenge to environmental well-being. They urged stores not to offer single-use plastic bags to customers.