San Diego takes key step toward reviving polystyrene foam ban halted by restaurant industry litigation

San Diego took a key step this week toward reviving its ban on polystyrene foam food containers and similar products, which environmentalists blame for poisoning marine life and damaging the health of people who eat seafood.

Nearly three years after San Diego adopted its ban and then quickly halted enforcement in the face of litigation, city officials finalized a comprehensive analysis of the ban’s potential environmental effects that was prompted by the litigation.

The analysis, called an environmental impact report, reaches the conclusion predicted by city officials and many environmentalists: The environmental benefits of banning the foam far outweigh a slight increase in truck pollution caused by the switch from foam to heavier paper products.

The lawsuit, which was filed by the California Restaurant Association and one of the nation’s largest manufacturers of foam takeout containers, suggested a study was needed to determine whether the environmental damage that could be caused by a switch to paper might outweigh the environmental benefits of the switch.

Instead of fighting in court, San Diego officials agreed to conduct an analysis. San Diego was the first and only city in California to have its polystyrene ban legally challenged. Supporters of the ban say San Diego was singled out because it’s such a large city.

San Diego officials say finalizing the analysis allows them to bring the ordinance back to City Council for approval this fall without any changes to what the council adopted three years ago.

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The ban applies to food containers used by restaurants as well as to polystyrene egg cartons, coolers, ice chests, pool toys, dock floats and mooring buoys. Residents wouldn’t be able to use those products, and retail stores wouldn’t be able to sell them.

San Diego would join 127 other California cities with bans on polystyrene, which is often sold under the brand name Styrofoam. Locally, Del Mar, Encinitas, Imperial Beach and Carlsbad also have bans.

Coastal cities are typically more focused on polystyrene bans because the material is not biodegradable and is blamed for poisoning fish and damaging the health of people who eat seafood. It continuously breaks into steadily smaller pieces, which allows it to enter local waterways and easily get consumed by wildlife.

The San Diego law also makes it illegal to distribute plastic utensils or straws, unless customers request them.

Nearly all national and regional restaurant chains long ago stopped using polystyrene in response to lobbying from environmental groups and backlash from customers concerned that foam isn’t biodegradable.

But many taco shops, pizza parlors, convenience stores and other small businesses continue to use foam products to save money.

To soften the impact on those businesses, San Diego’s ban includes phased implementation of the new rules and the opportunity for businesses to apply for hardship exemptions.

Business for Good San Diego, a nonprofit group that has long supported the ban, said Tuesday that revival of the ban is crucial to force all restaurants to follow the lead of many eateries that have voluntarily eliminated foam containers to help the environment.

“It’s critical to a healthy future and to leveling the playing field in San Diego,” said Mikey Knab, the group’s co-chair. “It will eliminate situations where restaurants that are trying to make a good choice have to sit and watch when their competitors aren’t.”

Alex Ferron, manager of the Surfrider Foundation’s San Diego chapter, said Tuesday that she is pleased to see San Diego finally moving forward with reviving its ban.

“Obviously the process is slow, and the wheels of bureaucracy could use some oil,” Ferron said.

The California Restaurant Association did not respond Tuesday to requests for comment.

San Diego’s progress comes just weeks after state lawmakers approved the nation’s most sweeping law to phase out single-use plastics and packaging waste.

Called a de facto ban by many, the law aims to discourage polystyrene use by requiring a 25 percent reduction by 2025. If that target isn’t reached, polystyrene will be banned statewide.

San Diego officials say the city’s ban complements the new state legislation.

For details on the city’s ban, go to sandiego.gov/environmental-services/recycling/pf-ban.