The same Texas Solid Waste Disposal Act analysis that preempted plastic bag bans also blocks Arlington from banning expanded polystyrene foam takeout containers used by local restaurants.
After Laredo Merchants Association v. Laredo (2018), the Texas Solid Waste Disposal Act is read to preempt local restrictions on the sale or use of containers for solid waste management purposes. Arlington therefore cannot ban polystyrene foam clamshells, cups, or coolers. Stadium concessionaires at AT&T Stadium and Globe Life Field, plus restaurant chains, often phase out foam voluntarily because of corporate sustainability goals. Tarrant County Public Health does not regulate foam packaging for environmental reasons; food-contact safety is governed by federal FDA rules. Recycling foam is difficult; most Arlington curbside programs do not accept it.
No local penalties may be imposed; any Arlington foam-ban ordinance would be unenforceable under state preemption.
See how other cities in Tarrant County handle polystyrene foam rules.
See how Arlington's polystyrene foam rules rules stack up against other locations.
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