The city of Coral Gables has formally asked the Florida Supreme Court to intervene in ongoing litigation concerning its now-prohibited rule against Styrofoam containers.

A brief on jurisdiction was filed with the high court by Coral Gables on Monday. The city is looking to the Florida Supreme Court with the aim of overturning an Aug. 14 opinion by Florida's Third District Court of Appeal.

The appellate court, ruling on a dispute between Coral Gables and business advocacy group the Florida Retail Federation, held the city's environmentally conscious law prohibiting the use of polystyrene containers could not be enforced under preexisting state law. The Third DCA's order overturned a trial court ruling that favored the city and determined the Florida statutes in question were unconstitutional, as they did not provide guidelines to their implementation.

Polystyrene, widely known as the trademarked brand Styrofoam, is largely used in service of food delivery and takeout. Coral Gables' law sought to penalize use of the material due to its nonbiodegradable nature and propensity for generating litter.

Coral Gables City Attorney Miriam Ramos reiterated her hope the Florida Supreme Court would hear the case.

Read the brief:

"We hope they'll understand the importance of this issue and take this up," she said. Ramos reiterated the brief's argument that the Third DCA's ruling nullifies the Home Rule Amendment, adding none other than Florida Gov. Ron DeSantis has spoken out about allowing municipalities to self-regulate.

"The governor himself has recognized the importance of local control," Ramos said, adding DeSantis had "very pointed language" in his veto of a bill that prohibited localized bans on plastic straws.

"It's not an exaggeration to say I received call from a municipality once a week that was looking to regulate these items and couldn't until the Third DCA ruled," Ramos said, referencing the stalling effect the long-running legal battle has had on Florida officials' eco-friendly efforts. "It's clear there is a want by elected officials and constituents to regulate in this area."

The brief reasserts the trial court's conclusion that the statewide laws preempting polystyrene regulation are unconstitutional. Ramos said the Third DCA's findings to the contrary have implications beyond environmental concerns, and could paralyze the capacity of local governments to respond to pressing issues.

"The concept the legislature could just preempt and create a regulatory vacuum in any area is very concerning," she said.

According to the Florida Supreme Court case docket, the city of Miami Beach and several environmental groups ⁠— including Greenpeace, Miami Waterkeeper, the Surfrider Foundation and others — have given notice of their intent to file as amicus curiae on Coral Gables' behalf should the case proceed.

The Florida Retail Foundation, the party that originally challenged Coral Gables' ordinance, did not return requests for comment by press time.

Ramos said she's comforted by the actions several Coral Gables businesses have taken amid the uncertainty surrounding the polystyrene ban.

"Businesses have complied and anecdotal evidence suggests they have continued to comply despite us staying enforcement [of the ban]," she said. "We appreciate their efforts and hope that they continue to do it voluntarily as we continue to litigate."

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