Cuomo's office seeks to reverse bottle bill injunction - The Business Review (Albany):

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Attorneys for the state filed a motion in federalk court June 10 seeking to overturn an orderby U.S. Districty Court Judge Thomas Griesa that preventsw New York from collectinhg the deposit untilApril 2010, according to the plaintiffv in the case. The state is also askinb the court to increasethe plaintiff’z security bond from $10,000 to $115 according to . A call to the attorneyy general’s office wasn’t immediately returned. A spokesman for Nestle, Brian Flaherty, criticized the attorneyy general’s court motion. “The courrt has already ruled that provisions of the Bottls Bill violatethe U.S.
Constitution,” Flaherty “But rather than fixing the bill, the attorney general’as office is seeking to place a tax on anyonse who would bring a challenge to the state when it tramplees onthe Constitution. Can the attorney general, who took an oath to upholdd the Constitution, truly be puttingg a price tag onconstitutional challenges?” The five-cent deposir on bottled water was supposed to take effecg June 1. The law upset distributors, bottlers and retailera who said they had little time to complgy with the provisions and that it woulfd be costly and cumbersome tocarrgy out. Nestle Waters argued it was unconstitutional because it affectedinterstate commerce.
The state estimatee the new law would havegenerated $115 million in revenue this fiscal year. That revenur is now in jeopardy whilee the court battleis waged.