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WOOT! California Supreme Court says No EIR Necessary to Ban The Bag.

By Stiv Wilson on July 14, 2011

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(pictured above, a plastic bag blown onto a barbed wire fence at a landfill near the ocean)

In perhaps one of the most watched cases in plastic policy history, The California Supreme Court ruled today that municipalities enacting bag bans are not required to file an environmental review of impacts with regard to plastic policy.  The case centered on the city of Manhattan Beach, who enacted a ban that was challenged by Save The Bag Coalition, a group of plastic bag manufacturers looking to protect their own interests.  

Justice Carol Corrigan wrote on the unanimous decision, that it's a matter of common sense and substantial evidence that there would be no significant environmental impact with regard to the ban. 

Save The Bag Coalition sued on the grounds that under the California's Environmental Quality Law enacting policy requires an environmental impact review. Save The Bag, had they been successful would then hammer on their data that suggests that banning plastic bags would increase paper bag use, citing a study that shows that paper production has a larger carbon footprint, but neglects to look at the end of life consequences of plastic in the waste stream and the carbon footprint of recycling and transport to recycling facilities by truck and freighter.  

The precedent is a huge win for many cities and municipalities in California and could affect:  San Francisco, Marin County, Santa Monica, Malibu, Long Beach and unincorporated areas of Los Angeles County who might have faced legal challenges to their respective bans. With regard to ruling, because of how narrow the decision is, its somewhat unclear how the precedent will affect larger cities with regard to EIR's and paper. Many cities have adopted policies with a 5 cent fee attached to paper in order to address the issue, as well as encourage reusable bag use-- a policy that Save The Bag and members thereof attempt to politically defeat calling the fee a tax.  

"Common sense leads us to the conclusion that the environmental impacts discernible from the 'life cycle' of plastic and paper bags are not significantly implicated by a plastic bag ban in Manhattan Beach," wrote Corrigan.  

To all the many, many businesses, NGOs, and advocates who have long fought for our oceans, streams, and streets, BRAVO!!!!!!!!!!  



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