California Senate Rejects Plastic Bag Ban

By September 1, 2010 Blog, Business Law

In the final day of the 2010 legislative session, the California Senate voted down a proposed statewide ban on single use plastic bags, known as AB1998.  The final vote was 14 senators in favor and 21 opposed to the ban.  Governor Schwarzenegger had indicated he would sign the bill into law, if passed.  The legislation could be re-introduced next year.
   
With the defeat of the bill, the California Supreme Court’s decision in Save the Plastic Bag Coalition v. City of Manhattan Beach will guide cities and counties that hope to impose their own bans.  The Save the Plastic Bag Coalition is arguing that local governing bodies must complete an environmental impact report before imposing a ban on the bags.  The Supreme Court will be determining whether or not that step is required.  No date has been set for arguments in the case.  The City of Manhattan Beach and Save the Plastic Bag Coalition have submitted their briefs, as have other groups, including Heal the Bay, the League of California Cities, the Pacific Legal Foundation, Californians Against Waste and the Manhattan Beach Residents Association.  You can follow the case here.

Anne E. Senti-Willis, Business Group