“Texas High Court Strikes Down City’s Plastic Bag Ban”
In a ruling likely to doom similar local mandates across the state, Texas’ highest court on Friday held that the city of Laredo’s ordinance preventing retail stores from providing customers with single-use plastic and paper bags is preempted by a state solid waste disposal law.
Siding with the Laredo Merchants Association, the Texas Supreme Court upheld a state appeals court’s decision that Laredo’s ordinance, which is aimed at reducing litter from one-time-use plastic and paper bags, is preempted by the Texas Solid Waste Disposal Act.
Under that statute, local governments cannot adopt ordinances prohibiting or restricting the sale or use of containers or packages for solid waste management purposes.
…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.