January 14, 2011
Delaware curbside recycling law upheld
The constitutionality of a law passed by the Delaware Assembly that laid the groundwork for a statewide recycling program has been upheld.
The legislation, passed last spring, effectively ended the refundable nickel deposit previously tacked onto plastic and glass beverage containers by the state's 28-year-old bottle bill. It replaced it with a 4-cent non-refundable recycling fee per container to be used to establish a curbside collection program for the entire state. The Positive Growth Alliance, a free-enterprise oriented group, challenged the law in court, arguing that lawmakers ignored specific legislative rules. Under the Delaware constitution, tax measures must originate in the House and pass with a 75 percent majority. Arguing that the fees constitute a tax, and that legislators did not meet these requirements, the alliance went to court to deem the law as unconstitutional.
However, a judge in the Court of Chancery disagreed, ruling that the plaintiffs lacked standing to bring their challenge to court and the law is, indeed, constitutional.
"A broad and bipartisan coalition of businesses, community groups and individuals came together to turn the possibility of statewide recycling into a reality. We're pleased with the decision," said Delaware Governor Jack Markell in a prepared statement. "The effort reduces waste, reduces the need for costly landfill expansions in the future and makes recycling easier for most and more available across the state."
http://resource-recycling.com/node/843
