In the News

City Must Determine Environmental Impact Before Banning Plastic Bags, Court Rules

Feb 18, 2010

On January 27, the Court of Appeal for the of the Second Appellate District of California affirmed a lower court ruling that the City of Manhattan Beach could not enact a plastic bags ban until it conducts an environmental impact report. Save the Plastic Bag Coalition initially filed the suit on August 2008, shortly after the City of Manhattan Beach adopted an ordinance prohibiting the use of plastic bags in specified circumstances.

In February 2009, the Superior Court of Los Angeles County overturned the City of Manhattan Beach's plastic bag ban. The trial court found that substantial evidence existed that since the ban could cause increased use of paper bags, which could have negative environmental effects, an environmental impact report was required. The appeals court concurred, adding that "the California Environmental Quality Act requires informed decisionmaking with respect to the environmental effects of a proposed project," and "preparation of an environmental impact report is the key to environmental protection."

A copy of the appeals court's decision can be found here.