The department first determined it couldn’t be recycled, but the restaurant alliance challenged that decision as “arbitrary and capricious,” and a judge tossed it out — stalling the ban. Sanitation then took on a more substantial study into the feasibility of recycling the product — including visiting plants that seek to do so — and again determined it could not be easily recycled in New York. The industry challenged the ruling again, but last week, a judge determined the city’s decision was well-researched enough to stand, paving the way for the ban to begin.