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Judge raises hurdle for cities seeking plastic bag bans

Tim McCabe, president of the Arizona Food Marketing Alliance, says a law barring cities and counties from banning plastic bags would prevent a patchwork of ordinances that would be bad for businesses and consumers. /Photo by Katrina Arroyo/Cronkite News
Tim McCabe, president of the Arizona Food Marketing Alliance, says a law barring cities and counties from banning plastic bags would prevent a patchwork of ordinances that would be bad for businesses and consumers.
/Photo by Katrina Arroyo/Cronkite News

By Howard Fischer Capitol Media Services via Arizona Daily Sun

A judge has quashed a bid by a Tempe council member to challenge a state law that bars cities from regulating plastic bags and mandating recycling.

In a decision with implications for cities around the state, Maricopa County Superior Court Judge Douglas Gerlach ruled Thursday that Lauren Kuby has no legal standing because Tempe does not currently have an ordinance that would run afoul of the legislative ban. The judge said only after the council acts would he have the right to decide whether it is preempted by state law.

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