California Single-Use Bag Litigation Update

Below is a summary of pending litigation in California: Save the Plastic Bag Coalition v. Marin County, et al. - SPBC recently filed the opening brief for its appeal of the Marin County ordinance.  This means that in a few months there will be an appellate level hearing on whether it was appropriate for Marin County to use a categorical exemption (rather than an EIR or negative declaration) to adopt its second generation single-use bag ordinance (a ban on plastic and charge for paper).  Marin won at the superior court level and, in my opinion, Marin is likely to prevail at the appellate level.  No hearing has been scheduled yet.

Schmeer v. LA County, et al. (Hilex Poly's Prop 26 lawsuit) - This is a test case for whether (and to what extent) Prop 26 regulates the paper bag charge included in second generation single-use bag ordinances.  After several continuances, the hearing on the Writ of Mandate is set for March 15th.

Save the Plastic Bag Coalition v. San Luis Obispo Integrated Waste Management Authority - This case will also test whether a categorical exemption is sufficient under CEQA to adopt a second generation single-use bag ordinance.  The hearing is set for March 22nd.

Save the Plastic Bag Coalition v. Santa Cruz County, et al. - Santa Cruz County has agreed to remove restaurants from its single-use bag ordinance in exchange for SPBC's dismissal of the entire lawsuit.