Save the Plastic Bag Coalition v. City of Manhattan Beach

The California Supreme Court reversed two lower courts in holding that the City of Manhattan Beach did not violate the California Environmental Quality Act (CEQA) by failing to conduct a full-scale environmental impact analysis before adopting an ordinance prohibiting certain retailers from providing plastic bags to customers, concluding that the ordinance would have no significant environmental effect.

The City of Manhattan Beach issued a negative declaration under the California Environmental Quality Act (CEQA) in connection with an ordinance prohibiting certain retailers from providing plastic bags to customers. A coalition of retail groups commenced an action seeking to invalidate the ordinance. A state trial court vacated the ordinance pending an environmental impact report (EIR).  On appeal, the appellate court affirmed, holding that the City should have prepared an EIR given that the ordinance could have a significant environmental impact.