County Plastic Bag Prohibition Upheld.

The Marin County Board of Supervisors enacted Ordinance No. 3553 in January 2011.  Effective January 1, 2012, the ordinance prohibits certain retail establishments from dispensing single-use plastic bags and requires retailers to impose a reasonable charge of not less than five cents for dispensing a single-use, recycled-content paper bag. An agricultural commissioner’s report stated that while paper bags are recycled at a much higher rate than plastic bags, paper bags generate “significantly larger [greenhouse gas] emissions and result in greater atmospheric acidification, water consumption and ozone production than plastic bags.” Plaintiff brought an action for writ of mandate, contending the ordinance should not have been enacted without an Environmental Impact Report. The trial court denied relief. Finding the ordinance is exempt from the California Air Quality Act [CEQA; Public Resources Code section 21000], the appellate court affirmed. Save the Plastic Bag Coalition v. County of Marin (Cal. App. First Dist., Div. 3; July 25, 2013) 218 Cal.App.4th 209.