Omaha cannot ban or tax plastic bags because Nebraska LB 1149 (2019) preempts local single-use container regulation, leaving any restrictions to the state legislature rather than the City Council.
In 2019 the Nebraska Legislature passed LB 1149, which forbids cities and counties from imposing bans, fees, or surcharges on auxiliary containers such as plastic carryout bags, polystyrene foam cups, and similar single-use items. As a result, any future Omaha ordinance attempting to charge a 10-cent bag fee or ban thin-film bags would be void on its face. Retailers may voluntarily adopt reusable-bag programs, and the state could revisit preemption, but no local ordinance can currently fill the gap.
Because the city is preempted, retailers face no local penalties for offering plastic bags; any city ordinance attempting enforcement would be unenforceable in court.
Omaha, NE
Omaha cannot ban polystyrene foam takeout containers because Nebraska LB 1149 (2019) classifies foam as an auxiliary container subject to statewide preemptio...
Omaha, NE
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See how Omaha's plastic bag rules rules stack up against other locations.
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