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Atty Gen "Bags" Environmental Law

Atty Gen
Posted August 31st, 2014 @ 7:33am by Associated Press

Texas Attorney General Greg Abbott says municipal bans on single-use plastic bags are illegal.




In a five-page attorney general's opinion Friday, the Republican gubernatorial nominee said a state law prohibits local governments from prohibiting, restricting or charging a fee, for solid waste management purposes, for "the use of a container or package in a manner not authorized by state law."




Abbott acknowledges that the law does not define a single-use plastic bag as a "container or package." However, he contends the bags fit the dictionary definitions of a container or package.





State Rep. Dan Flynn, a Dallas Republican, had sought the opinion after nine cities enacted ordinances banning the single-use bags. The opinion is non-binding but reflects the attorney general's view of who would win a lawsuit on the subject.






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