Ban on Plastic Bags Reaches Supreme Court

Thinking Forward
Categorized Under: Environment

The California Supreme Court is reviewing a lower court ruling that requires an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). The Plastic Bag Coalition successfully sued the City of Manhattan Beach about an ordinance banning single-use plastic bags from retail establishments convincing the Court of Appeal that the City's Negative Declaration was inadequate and that the City's ban warranted the preparation of an EIR. This article summarizes the arguments associated with the case and the outcomes to date and discusses unique guidance from Green Cities California (GCC) that has recently been released that could assist a city's ban the use of plastic bags.

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Thinking Forward - An ICF International Publication

Authored By

Terry Rivasplata
Technical DirectorICF International

Terry Rivasplata, a Senior Environmental Planner with ICF International, specializes in preparing California Environmental Quality Act (CEQA) documents for projects ranging from schools to general plans. He teaches classes on CEQA and related topics for clients and the University of California Extension.

He was with the Governor's Office of Planning and Research from 1985 to 1998, including a stint as the chief of both the state clearinghouse and the planning unit. He participated in drafting the 1998, 1997, and 1994 amendments to the CEQA Guidelines. He is the editor of the Environmental Assessor for the Association of Environmental Professionals and was coauthor of the 1998, 1990, and 1987 editions of General Plan Guidelines.
Ken Bogdan
Senior FellowICF International

Ken Bogdan is an Environmental Counsel with ICF International, specializing in environmental laws and regulations—California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Sections 404 of the Clean Water Act, and both federal and California Endangered Species Acts. His primary function is developing strategies for environmental compliance. As leader of the ICF environmental education program, Mr. Bogdan regularly organizes and presents workshops on CEQA, NEPA, and other environmental regulations for clients and educational institutions, including several campuses of the University of California Extension.

Mr. Bogdan is coauthor of CEQA Deskbook, The NEPA Book: A Step-By-Step Guide on How to Comply with the National Environmental Policy Act and Wetlands Regulation: A Complete Guide to Federal and California Programs.