California Supreme Court Rules for Bag Bans!

Today, the California Supreme Court ruled in favor of the City of Manhattan Beach’s single-use plastic bag ban, holding that state law does not require the City to complete a full Environmental Impact Report (“EIR”) in order to impose the ban. This decision undoubtedly will make it easier for cities to prohibit stores from distributing plastic grocery bags, ruling that state law didn't require Manhattan Beach to do an environmental impact report before imposing a plastic-bag ban in 2008. In the past, California cities have been especially deterred from acting to pass these local ordinances because there was the potential to be sued by the "Save Our Plastic Bag Coalition," a group comprised of plastic bag manufacturers and distributors.


The Plaintiff industry group claims the movement to ban plastic bags was based on misinformation and would increase the use of paper bags, with overall negative environmental consequences. However, the Supreme Court seemed to understand that the motive behind the ordinance was to replace single-use plastic bags with reusable ones, thereby making for a better coastal environment. Surely, the ordinance would have no significant negative effect on the environment. Justice Carol A. Corrigan, writing for a unanimous court and reversing the lower court opinion, said that “[s]ubstantial evidence and common sense support the city’s determination that its ordinance would have no significant effect. Therefore, a negative declaration was sufficient to comply with the requirements of the California Environmental Quality Act.”

Half of the opinion is spent discussing the standard for standing (or ability to sue). The Save the Plastic Bag Coalition, even though representing industry corporations, was allowed to bring this citizen suit because there was an actual controversy between parties with sufficient interests in the subject matter. The court also noted that under CEQA, strict rules of standing do not apply when there are broad environmental concerns involved in the case.

This is a win for Manhattan Beach who has spent the past three years wrapped up in this litigation at the Superior Court, Appeals Court and finally the California Supreme Court level. It started in July of 2008, when Surfrider Foundation South Bay Chapter activists worked with many other environmental organizations to spark Manhattan Beach City Council to prohibit carry-out plastic bags.

Importantly, this decision means that it is safe for cities (especially smaller cities) to proceed in enacting a local bag ban ordinance with merely an accompanying Negative Declaration rather than a full (and more expensive) Environmental Impact Report to fulfill their California Environmental Quality Act (“CEQA”) requirement. The decision does focus on Manhattan Beach being a smaller city, with the population of 35,852 in the 2010 census, as one of the justifications for environmental impact being low.

One significant distinguishing factor between the Manhattan Beach case and the more recent bag bans that have been passed in California is the inclusion of a 5-cent fee on single-use paper bags. Because the popular approach to this issue is now deterring all single-use bags, there is even less of an argument that a restriction on plastic bags will increase the use of paper bags. The object of all cities that are trying to regulate bags in California is to encourage consumers to shop with reusable bags and to encourage the habit of bringing your own bag to the store. This type of ordinance regulating both paper and plastic, in turn, alleviates the impact on the environment, especially the marine environment, and stops a waste of natural resources used to make the single-use bags.

San Francisco, Malibu, Santa Monica, Long Beach, Calabasas, Marin County and unincorporated Los Angeles County have also enacted bans. Many other cities are chomping at the bit to do the same, but were waiting on the opinion of the Supreme Court in this case. This opinion will usher in a new round of local action on single-use plastic bag pollution.

Applause to the California Supreme Court for allowing Manhattan Beach to Rise Above Plastics!

Santa Monica Posts Its Bag Ban Environmental Impact Report!

Looking for a little summer reading? Well, the City of Santa Monica is dishing it up - 246 pages worth! Enough to choke a horse - OR an American Chemistry Council (ACC) attorney - KhHACK!

Ever wonder what an Environmental Impact Report (EIR) looks like?? I mean, we hear about 'em all the time, we know their function, but have you ever looked under the hood? This is the real thing - all killer, no filler.

For background, the City of Santa Monica (near Los Angeles, CA), attempted to ban single-use plastic bags a couple of years ago, and were clothes-lined by the non-local and obtusely un-neighborly ACC, who legally forced the city to produce an expensive (~$300,000) EIR to prove that the expected increase in the use of paper bags would not harm the environment...and no one is debating whether the ACC cares about the environment, because, well...aw never mind. Riiiight. ;)

The bottom line is, no city of this decade is in the position to spend the $$$,$$$ to produce the EIR - but Santa Monica accepted the mission and have produced the doc.

BRAVO SANTA MONICA!!

What's the next step? Expect the hanging legal debate to restart, with this new (draft) EIR as "Exhibit A". Stay tuned here for subsequent updates - and meanwhile, watch the Bag Monster at the SM city council meeting back in Feb 2008 when the whole shebang was just starting - NICE!

Great News for California Bag-Banners!

As you may know, California's unique environmental laws have been used to staunch the tide of efforts to ban single-use plastic shopping bags. Essentially, money-grubbin' plastics manufacturers have been suing municipalities that attempt to enact a bag ban - pretty much saying, "Up your nose with a rubber hose, suckers! We want the money more than you need to clean up your neighborhoods and oceans!". Well, Green Cities California has produced something to assuage the $100,000-$300,000 cost of the lawsuits. It's called a "Master Environmental Assessment" and can be shared across cities and counties that wish to enact a ban w/o the high cost of American Chemistry Council (plastics manufacturers) lawsuits. Here's the announcement (WOO-HOO!):

==================

Dear Friend,

Today Green Cities California (GCC) released a Master Environmental Assessment (MEA) on the impacts of single-use and reusable bags.

The report - commissioned by GCC with the support and collaboration of multiple partners - was completed by ICF International. Set within the context of the California Environmental Quality Act, it will help jurisdictions prepare environmental impact reports, a critical step in the process to promote the use of reusable bags.

The MEA is available now for free on http://greencitiescalifornia.org/mea

Kind regards,

Carol Misseldine, Coordinator
Green Cities California

For Immediate Release

Contacts:

Carol Misseldine, Coordinator

Green Cities California (415)388-5273
Terry Rivasplata
ICF International
(916) 231-9537


Paper or Plastic? Neither!

New report will help cities promote reusable grocery bags

March 8, 2010 - Green Cities California (GCC) announced today the release of its Master Environmental Assessment (MEA) on Single Use and Reusable Bags. The MEA, commissioned by GCC and developed by ICF International's Sacramento office, summarizes existing studies on the environmental impacts of single use plastic, paper, compostable and reusable bags, as well as the impacts of policy options such as fees and bans on bags.

"This is a first-of-its-kind comprehensive compilation of existing studies on bags aligned within the context of CEQA (California Environmental Quality Act), which makes it useful in the preparation of local Environmental Impact Reports (EIRs)," said Terry Rivasplata of ICF International.

"All Environmental Impact Reports must begin with a survey of existing scientific literature," said Carol Misseldine. "For those jurisdictions that must prepare an EIR in order to adopt ordinances that promote the use of reusable bags, this MEA will provide essential assistance."

The MEA reviewed studies that document environmental impacts from the use of all four types of bags studied, including greenhouse gas emissions, persistent litter problems, marine life impacts, water consumption and ozone formation. The report also examined the impact of fees and bans and noted that bag use drops dramatically - up to 90% -- when stores charge for them.

Further studies referenced in the MEA indicate that reusable bags, on a per use basis, have substantially lower environmental impacts than single use bags. The study finds that even with a minimum of three uses, reusable bags can result in less atmospheric acidification, ground level ozone formation, water use, and greenhouse gas emissions.

"I'm getting calls from jurisdictions throughout California and even from other parts of the country interested in the information contained in this document," said Misseldine. "There seems to be a lot of interest nationwide in reducing single bag use."

"We're not going to recycle our way to a sustainable society," said Dean Kubani, GCC Steering Committee member and Director of Santa Monica's Office of Sustainability. "We need to orient away from single use and towards durable products. We are confident that this report will provide the documentation local governments need to adopt policies that encourage the use of reusable bags and phase out single use bags."

The full report, an executive summary and background information on the MEA will be available on Green Cities California's website on Monday March 8th at www.greencitiescalifornia.org/mea.