Decision expected to provide guidance for public agencies in determining the type of environmental review required for such bans.

In Save the Plastic Bag Coalition v. County of Marin, et al. (published in part by the First Appellate District on July 25, 2013) (“Marin”), the court upheld the County of Marin’s (“County”) ordinance prohibiting certain retail establishments from dispensing plastic bags and imposing a charge of at least five cents for paper bags.  The court determined that the ordinance did not require review under the California Environmental Quality Act (“CEQA”) because it was categorically exempt under CEQA Guidelines §§ 15307 and 15308 (also known as Class 7 and 8 exemptions, which are actions taken to assure the maintenance, restoration, or enhancement of a natural resource, or protection of the environment from environmental review).  

This decision follows a previous challenge by the Save the Plastic Bag Coalition (“Coalition”) appealing a plastic bag ban ordinance in the City of Manhattan Beach, which proceeded all the way to the California Supreme Court.  See Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal. 4th 155 (“Manhattan Beach”). Continue Reading Marin County’s Plastic Bag Ban Categorically Exempt From CEQA Review