High Court Backs Plastic-Bag Ban: Could Boost El Cerrito Proposal

The state Supreme Court today made it easier for El Cerrito and other California cities to adopt bans on plastic bags by upholding such a ban in Manhattan Beach. That city's 2008 law blocked retailers from providing carry-out plastic bags.

The court's unanimous ruling, which overturned a Court of Appeal decision, tossed out a challenge by plastic bag manufacturers and distributors.

The industry group, Save the Plastic Bag Coalition, claimed that the Manhattan Beach ban was illegal because it was a adopted without an environmental impact report. A switch to paper bags would create negative environmental impacts, the plaintiffs said.

But Justice Justice Carol Corrigan, writing for the court, said that "common sense" and the evidence showed that the impact from such a ban in a city the size of Manhattan Beach would be "negligible." Manhattan Beach's population is about 35,000, while El Cerrito has about 24,000 residents.

El Cerrito is among many cities that are studying possible bans on plastic bags. The city's Environmental Quality Committee to recommend that El Cerrito join with neighboring cities in studying the feasibility of a ban.

Tonight, the board of the West Contra Costa Integrated Waste Management Authority, also known as RecycleMore, will discuss a model plastic bag ban ordinance. RecycleMore is a joint government agency charged with reducing landfill waste and represents five West Contra Costa County cities: El Cerrito, Hercules, Pinole, Richmond and San Pablo.

Asked how today's court ruling might impact the feasibility or likelihood that cities in West Contra Costa County could adopt such bans, RecycleMore Recycling Coordinator Vince Ferro said Richmond has already declared its commitment to banning plastic bags and that the court's action removes a significant barrier for all the cities.

"Because a lot of the cities' main opposition is cost," he said, "I think it's going to be more favorable."

The Pinole City Council discussed a possible ban at a .

In El Cerrito, Garth Schultz, an environmental analyst for the city, said the court's elimination of the need to do an environmental impact report would represent significant cost savings. "This certainly eliminates one of the barriers to a potential ban," he said.

But, he added, "There are a lot of different things to consider in determining when and if to pursue something like this." City staff expects to devote several months to studying the potential benefits, as well as the legal and political landscapes, before deciding whether to bring it to the City Council, Schultz said.

Several California cities and counties have already adopted such laws. In the Bay Area, such bans are in effect in San Francisco, Palo Alto and Fairfax. Such bans have been adopted but not yet implemented in San Jose and in Marin and Santa Clara counties.

The push for laws banning or imposing fees on plastic carry-out bags is fed by state requirements to reduce waste sent to landfills and the desire to prevent plastic bags from clogging waterways and endangering marine life.