“Texas High Court To Hear Laredo Plastic Bag Ban Appeal”
The Supreme Court of Texas on Friday agreed to hear an appeal by the city of Laredo, which is seeking to overturn an appellate decision that shot down its ban on single-use plastic and paper bags in retail stores.
But the Merchants Association’s attorney, James B. Harris of Thompson & Knight LLP, said cities aren’t allowed to regulate “upstream of the disposal activity.”
“We also asked the Supreme Court to hear the case to make it clear statewide that the legislature didn’t want municipalities to regulate the use of plastic bags,” Harris told Law360.
The Laredo Merchants Association is represented by James B. Harris and Richard B. Phillips, Jr. of Thompson & Knight LLP, Christopher C. Peterson and Gabriel C. Gonzalez of Lopez Peterson PLLC, and James K. Lehman of Nelson Mullins Riley & Scarborough LLP.