AUSTIN – The Texas Public Policy Foundation’s (TPPF) General Counsel and Director of the Center for the American Future Robert Henneke and Director of the Center for Local Governance James Quintero issued the following statements on the 4th Court of Appeals ruling in favor of the Laredo Merchants Association’s case against the City of Laredo’s plastic bag ban, finding that the ordinance is preempted by existing state statute and “unenforceable as a matter of law.”
“It is black letter law that a home-rule city ordinance that attempts to regulate a subject matter preempted by a state statute is unenforceable to the extent it is inconsistent with the state statute,” said Henneke. “As was recognized by the Fourth Court of Appeals, Texas state law unmistakably expresses the Legislature’s desire to preempt any ordinance that prohibits the sale or use of a container or package for solid waste management purposes. With the Court having clearly spoken, it is time for all municipalities that continue to maintain a similar ‘bag-ban’ ordinance to respect the rule of law and withdraw this illegal regulation.”
“Today’s ruling preserves the rule of law in Texas,” said Quintero. “In contradiction to laws passed by the Legislature, many municipalities across the state have enacted or are considering plastic bag bans and regulations at the urging of overzealous environmental groups who are pushing a green agenda. We are grateful to the Court for restoring common-sense policy-making.”
TPPF filed an amicus curiae brief in Laredo Merchants Association v. City of Laredo, Texas opposing the City of Laredo’s ordinance that directly contradicts Texas law by prohibiting retailers from providing customers with plastic bags. To read the amicus curiae brief, please visit: http://txpo.li/TPPF-Amicus-Brief-Laredo-Merchants
To schedule an interview with Mr. Henneke or Mr. Quintero please contact Caroline Espinosa at [email protected] or 512-472-2700.
The Honorable Robert Henneke is General Counsel and Director of the Foundation’s Center for the American Future.
James Quintero is director of the Center for Local Governance at the Texas Public Policy Foundation.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.