International Bottled Water Association et al v. Paterson et al

Filing 51

ORDER: The Court's injunction of the New York-exclusive UPC provisions of the Bottle Bill Amendments remains in full force and effect. N.Y. Envtl.Conserv.Law § 27-1012, 12 (as amended 2009. To the extent that the Court has enjoined enforce ment of Amendments to the Bottle Bill impacting bottled beverages other than bottled water, that injunction is HEREBY LIFTED; Defendants are not enjoined from immediately implementing and enforcing all provisions impacting bottled beverages, other th an bottled water, including provisions that went into effect on April 1, April 7, and the remaining provisions that were effective June 1, 2009. In addition, all Parties SHALL appear on Thursday October 22, 2009, 500 Pearl Street, New York, NY in Co urtroom 24B, at which time Plaintiffs International Bottled Water Association, Nestle Waters North America Inc., and Polar Corp d/b/a Polar Beverages, SHALL SHOW CAUSE why Due Process requires a continuation of the injunction. There shall be no modi fication of the bond in the amount of Ten Thousand Dollars ($10,000.00) already posted with the Court. Consequently, Paragraph (2) of the May 29, 2009 Preliminary Injunction ORDER shall be MODIFIED to read: "Defendants are enjoined from imp lementing and enforcing any and all other amendments pertaining exclusively to bottled water products made by Part SS of Chapter 59 of the Laws of 2009 to Title 10 of Article 27 of the N.Y. Environmental Conservation Law until October 22, 2010." (Signed by Judge Deborah A. Batts on 8/13/2009) (jpo)