CAW Supreme Court Victory: Locals Can Ban Plastic Bags!


The California Supreme Court has ruled in favor of an appeal by Californians Against Waste and the City of Manhattan Beach affirming the right of local governments to phase out plastic grocery bags.

With this ruling, the Campaign to End Single Use Plastic Bags kicks into high gear, with dozens of cities and counties now poised to enact ordinances banning single use plastic grocery bags.

Three years after the City of Manhattan Beach passed a plastic bag ordinance and was sued by a plastics industry front group, the City can now enact its bag ban.

CAW, long-time advocates of banning wasteful and environmentally-harmful plastic bags, has been tracking and supporting this case from the very beginning. When the case was sent to the California Supreme Court in 2010, CAW filed an amicus brief in support. When the Supreme Court set an oral argument date for last May, CAW was there, tweeting and blogging to keep you up to date about the events as our attorney Jim Moose made the CEQA argument in front of the court. And when the Supreme Court came to a decision, CAW was there to share the great news.

The court, by a unanimous opinion, overturned the lower courts’ ruling. Based on the “[s]ubstantial evidence and common sense”, the court determined that the City of Manhattan Beach’s ordinance did not have a significant environmental effect and an environmental impact report (EIR) was not required.

CAW is very pleased with this win and its implications for other local governments that want a plastic bag ordinance without the unnecessary hassle of a costly and time-consuming EIR.

But the battle against plastic bags isn't over and we’re not resting on our laurels. Instead, CAW plans on keeping up the momentum and increasing our efforts to pass local bag ordinances. Read more in our press release here.

There will more challenges by Industry and we'll need your help to fight them. Please consider making a contribution today.



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