A state appeals court has struck down a plastic bag ban in Laredo in a high-profile fight over local control that could ultimately impact similar laws in other Texas cities.
The Fourth Court of Appeals on Wednesday sided with merchants and free-market groups who argued that Laredo鈥檚 ban on single-use bags is illegal because it is pre-empted by state law regulating solid waste disposal.
The 2-1 ruling overturned a lower court鈥檚 decision, the latest setback for environmentalists and advocates of local control in Texas.
Laredo, which estimates it once went through some 120 million plastic bags each year, is among several Texas cities 鈥� including Austin, Fort Stockton and Port Aransas 鈥� that have sought to regulate them to reduce waste.
The city argued that its ban was designed to beautify the city and reduce clogs in storm drains, not to manage solid waste as barred by the state law.
The lawsuit, filed by the Laredo Merchants Association, was the first challenge to such a ban to be heard in court. And it triggered briefs from 20 Texas lawmakers, a prominent free-market group and the Texas Municipal League 鈥� who squabbled over cities鈥� power to regulate commerce.
Wednesday鈥檚 ruling only affects Laredo鈥檚 ordinance for now, but it gives legal momentum to bag ban opponents elsewhere.
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