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Court rules against Athens plastic ban in statewide controversy

October 09, 2024 | Bexley, Franklin County, Ohio


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Court rules against Athens plastic ban in statewide controversy
In a recent government meeting, officials discussed the implications of a ruling by the Athens County Common Police Court regarding the city's ban on single-use plastics. The court ruled in favor of the state, declaring the local ban unlawful due to the state's overarching authority on environmental policies, particularly those related to recycling. This decision is now set to be reviewed by the 4th District Court of Appeals.

City representatives expressed their intention to support Athens through a friend of the court brief, alongside various organizations, including the Sierra Club. The ruling has raised concerns about the interpretation of home rule authority under the Ohio Constitution, as the judge noted that the state's comprehensive recycling plan justifies its control over local regulations concerning single-use plastics.

Despite the ruling, city officials indicated a desire to continue enforcing the local ban until formally instructed otherwise. They emphasized that local businesses are already moving away from single-use plastics, driven by consumer demand rather than legal requirements. The discussion highlighted the tension between state and local governance, particularly in environmental matters, and the influence of political dynamics in the legal challenges faced by the city.

As the case progresses to the appellate court, the outcome could have significant implications for local environmental policies across Ohio.

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