After spending more than $1.5 million to preserve its market share in New York City, the foam container industry is losing the latest battle in a four-year war over banning the ubiquitous take-out and beverage containers.

Since 2013, when the city first took up in earnest the fight to ban polystyrene foam containers, a protracted fight between environmentalists and industry supporters has been waged in the streets, in the courts and in City Hall. Until recently, the industry has maintained the upper hand, winning a decisive victory against Mayor Bill de Blasio in court in 2015.

But in the latest push to revisit a ban on the foam food containers and packing materials, industry opponents have gained the momentum, despite a raft of lobbyists working against them. At the center of the industry’s efforts to block a ban is Intro 1480, a bill that would declare polystyrene foam containers recyclable. If so declared, the city would be unable to ban them under current law unless they passed competing legislation.

Despite spending $126,000 this year alone on lobbying council members and the mayor’s office to not enact a ban, Dart Container Corp., the leading manufacturer of polystyrene foam containers, is slowly losing support on 1480. The bill had 22 sponsors at the end of May, but counts only 16 now. The council members who sponsored the bill but then removed their names are Rosie Mendez, Bill Perkins, Eric Ulrich, David Greenfield and Vincent Gentile. Ruben Wills was also a sponsor, but was ejected from the Council last week following a corruption conviction.

“I think one of the reasons why the bill is losing sponsors is that [the polystyrene containers] are not recyclable,” said Sanitation Commissioner Kathryn Garcia in an interview. “So just saying that something is recyclable does not make it so. I think that the members of the council really are recognizing that fact. In this age of we just say something and therefore it shall be — they’re rejecting that.”

Those saying it the loudest are industry members, specifically Dart, and they are saying it with cash.

Ariane Dart, wife of company CEO Robert Dart, gave a total of $36,550 to city candidates in the 2013 election and so far has given $9,200 for the 2017 election, according to campaign finance records.

She gave $4,950 in 2013 to each of the three big mayoral contenders (Bill de Blasio, Christine Quinn and Bill Thompson) and gave $3,850 to Robert Jackson, who was running for Manhattan Borough President at the time and is now lobbying for the company.

Dart gave $1,000 to Councilman Fernando Cabrera, the primary sponsor of Intro 1480. For the 2017 election cycle, she gave another $2,750 to Cabrera and $4,950 to Speaker Melissa Mark-Viverito.

Cabrera’s office declined to comment. Mark-Viverito has not moved the bill and is still reviewing it, her office said.

A much bigger financial push has come by way of lobbying and independent expenditures. Dart has spent at least $610,000 lobbying New York City Council members and city agencies since 2015. That money has gone to firms like Mercury, Ickes & Enright, Park Strategies, Bolton St. Johns and to Jackson.

Juanita Scarlett, who works for Park Strategies and has served as a spokeswoman for the industry’s recent efforts, said the lobbying is meant to convince legislators that the foam containers can be recycled and can save the city money if they were to allow it. She also points out that losing sponsors does not mean the bill will not have the votes to pass if it is ever brought to a vote.

“We’re continuing to make our case on the economic and environmental benefits of a polystyrene foam recycling program for small business owners and the City of New York, and we’re confident we will have the support to pass Intro 1480,” she said in response to a series of questions from POLITICO New York on the spending. “New York should follow San Diego – the 8th largest city in the country – which implemented a curbside recycling program last month.”

To read the full story, visit http://www.politico.com/states/new-york/albany/story/2017/07/27/foam-container-industry-spends-big-but-loses-more-support-in-city-council-113631.

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