New Yorkers have gotten a second chance at their styrofoam coffee cups and takeout boxes. On Sept. 22,  Manhattan Supreme Court Justice Margaret Chan ruled against the the city’s polystyrene foam ban, overturning two years’ worth of work by environmental groups. The citywide ban, championed by Mayor Bill de Blasio, went into effect this past July.

The ban would have required all New York City businesses from the five boroughs to stop using EPS (expanded polystyrene foam) material, with a grace period until January of 2016. This action followed as a result of Sanitation Commissioner Kathryn Garcia’s finding that EPS is not recyclable and is a serious environmental contaminant in the city’s landfills. But when the Restaurant Action Alliance looked into the matter, they brought new evidence to the court that showed a viable method of recycling did exist. The judge cited this discovery as a decisive factor in the ruling.

But not all restaurants sided against the ban. Many have given up their styrofoam cups and plates and show no interest in bringing them back after the court’s decision. Angelo Gonzales, a manager at Ray’s Pizza on Third Avenue, was proud of his restaurant’s changes since the ban.

“We don’t use foam,” Gonzales, “We heard there was a ban on foam, so we started using a product—I think it’s corn based. So it’s actually compostable.”

Gonzales said the restaurant was not considering bringing back foam.  

“We wanted to get ahead of the deadline,” he said. “I think it’s better because you know, turns out foam isn’t recyclable and isn’t good for the environment.”

The Restaurant Action Alliance reported that some businesses struggled with the financial burden of changing out their EPS inventory for the sake of environmental relief. Even for the restaurants that fought for foam and will be bringing it back, the decision inevitably lies in the hands of their customers. While the ruling does support a new method for recycling polystyrene foam, some New Yorkers still aren’t convinced.

Tisch freshman David Frew saw no reason for restaurants to use foam.

“There are other things you can make cups out of that aren’t Styrofoam,” Frew said. “There are paper cups that can be recycled, there are glass cups that can be washed.” Reflecting on possible new recycling options, Frew said he didn’t think it made a lot of sense.

While New York City still has the chance to appeal the court’s decision, the effects of the ruling will likely take a few weeks to show in local businesses and in customers. For now at least, enjoy your Pad Thai from that styrofoam container — its days might be numbered.

Email Danuta Egle at [email protected].