State Supreme Court case could bring an end to plastic bag bans in Texas

by Paul Cobler, Texas Tribune


A Thursday Texas Supreme Court hearing on plastic bags could have implications that spread across the state faster than such bags blowing in the wind.

The court will hear oral arguments in the case, Laredo Merchants Association v. The City of Laredo, in which the merchants’ association is arguing a ban on single-use bags by the city is illegal because an existing state law regulating solid waste disposal pre-empts it.

If the merchants’ challenge is successful, Texas cities, including Austin, Fort Stockton and Port Aransas could find their similar local bans on bags struck down, and the case would create deeper questions about the role of local regulation in the state.

San Antonio’s 4th Court of Appeals ruled 2-1 in August 2016 that Laredo’s bag ban was illegal, overturning a 2015 ruling by the 341st Judicial District Court in Webb County that sided with the city. The city then appealed that decision, sending the case to Texas’ highest court.

Read more: https://www.texastribune.org/2018/01/11/texas-plastic-bag-bans-threatened-supreme-court-challenge-laredo-ordin/