Jump to Navigation
Jump to Content

Save the Plastic Bag Coalition v. City of Manhattan Beach

ELR Citation: 41 ELR 20238
Nos. S180720, (Cal., 07/14/2011) rev'd

California's highest court reversed a lower court decision that a city needed to prepare an environmental impact report (EIR) for a local ordinance banning the use of plastic bags by local businesses. The court agreed that the plaintiff, a coalition of plastic bag manufacturers and distributors, had standing. The coalition qualifies for public interest standing as well as standing on its own. Corporations are not subject to heightened scrutiny when they file citizen suits, and the coalition represents businesses directly affected by the ordinance. But substantial evidence and common sense support the city's determination that its ordinance would have no significant environmental effect. Therefore, a negative declaration was sufficient to comply with the requirements of the California Environmental Quality Act.