Dive Brief: 

• Hilex Poly Co., Superbag Operating Ltd., Advanced Polybag Inc., and The Interplast Group have filed a lawsuit against the city of Dallas regarding a ordinance levying a nickel-per-bag fee on single-use plastic bags, claiming the fee contradicts state law.

• The plaintiffs said the Dallas ordinance violates the Texas Health and Safety Code. The group is looking for a judgment invalidating it and stopping enforcement of the nickel fee. 

• According to the plaintiffs, it would punish the plastic bag makers because it would result in a sales decrease of single-use plastic bags. The new ordinance also would result in higher costs for Dallas-area shops and consumers, the plaintiffs said.

Dive Insight:

While the plaintiffs’ argument that the Dallas plastic bag ordinance will decrease sales of the bags and cost merchants and shoppers more money seems true, the fee also will likely have the effect of lowering the volume of plastic bags going into the landfill waste stream.

Plastic bags are a sizable portion of constantly accumulating ocean garbage. Ocean plastic fouls waters, destroys habitats and harms animals and organisms. The lasting effect of the city’s most recent conservation effort could be measurable.