Water Deposit Law Struck Down; Albany Out $115 Million


On Earth Day (aka Lenin’s Birthday) Governor Paterson signed a new Bottle Bill into law that added deposits to bottled water. But yesterday a judge issued an injunction against it, at the urging of Nestle and other water-sellers, who found the UPC code requirement a violation of the Commerce Clause, in that they would be unable to sell those bottles outside the state. Oddly, Robert Kennedy of Riverkeeper also opposed the law because it exempted the flavored-water, non-carbonated drinks that have flooded the market. The Neighborhood Retail Association snarls at “the RFK’s of the world, supported by lavish trust funds that allow them to act as quixotically as they please,” and at Albany (“another example of the failure of competency at the highest levels of government”). Now, while this is all being litigated and re-drafted, the state has to come up with a way to replace the $115 million it was expecting from deposits on water.