User:Uniquajanae/sandbox.savetheplasticbagmanhattan

Save the Plastic Bag Coalition v. City of Manhattan Beach

1) In the Lead, add why they wanted to ban the use of plastic bags.

2) Delete the controversial section/move this section to a more appropriate article.

3) Separate the Introduction and Background information

4) add the Industry summary into the background information.

5) Rearrange the order of information - Place the "Issues" section before the "Parties" section.

6) Add a uses section: aerobic exercise can be used for weigh loss, strength building, fitness, etc,.

Other plastic bag litigation in California

Other litigation regarding plastic bag laws in California includes the following:

Save the Plastic Bag Coalition v. City of San Francisco – Petition for Writ of Mandate, dated February 29, 2012. Petitioner seeks a judgment and writ of mandate to set aside, void, annul, and repeal the San Francisco Ordinance banning plastic carryout bags at retail stores, restaurants, and other food establishments, and requiring consumers to pay a 10-cent fee for each paper carryout bag and each compostable carryout bag. Petitioner claims that the ban violates CEQA because an EIR was not completed and that the ban is preempted by the California Retail Food Code.[21]

Save the Plastic Bag Coalition v. City of Long Beach - Petition for Writ of Mandate under CEQA – The Petitioner challenged the City of Long Beach and the selection of its own greenhouse gas significance threshold rather than use the thresholds identified in the Los Angeles County Environmental Impact Report on plastic bags use. The suit was dropped when the City of Long Beach adopted a resolution that adopting the Los Angeles county EIR without any change.[21]

Schmeer et al. v. County of Los Angeles - Petition for Writ of Mandate where petitioner challenged that the $0.10 charge on paper carry-out bags was a tax as defined in the California Constitution and since it was not put out for popular vote it was unconstitutional. Writ of mandate has been denied and a notice of appeal was filed on April 16, 2012.[21]

Save the Plastic Bag Coalition v. The City of Carpinteria – Save the Plastic Bag Coalition filed suit against the City of Carpinteria filing of a city ordinance banning plastic bags on the grounds that the ordinance is preempted by the California Retail Food Code. Case expected to be heard in court in May 2012.[21]

Save the Plastic Bag Coalition v. County of Marin, et al. – Petition for Writ of Mandate. Petitioner filed suit to have the county repeal an ordinance regulating retail stores provision of single-use plastic bags on the grounds that the county of Marin violated CEQA by not completing an EIR. The petition for writ of mandate was denied by the Superior Court on September 14, 2011. As of May 2012, the case was being heard in the 1st Appellate District Court.[21]

Coalition to Support Plastic Bag Recycling v. City of Oakland, et al. – Petition for Writ of Mandate filed and petitioner challenged the legality of a City of Oakland ordinance banning 100% recyclable bags from large retailers on the basis that CEQA had been violated because an environmental review of the impacts of the ordinance had not been completed. On May 16, 2008, an Alameda County Superior Court granted a writ of mandate in favor of the petitioners and ordered the City of Oakland to suspend the ordinance banning plastic bags and not re-enact the ordinance until such time that the City of Oakland had complied with the requirements of CEQA. The City of Oakland did not appeal the decision.[21]

Save the Plastic Bag Coalition v. San Luis Obispo County Integrated Waste Management Authority - Petition for Writ of Mandate was filed on January 1, 2012. Petitioner challenged the legality of an ordinance banning plastic bags and requiring retailers to charge $0.10 per paper bag on the grounds that CEQA had been violated because an environmental impact report had not been completed prior to adoption of the ordinance. There have been no further court actions on this case as of May 2012.[21]

Save the Plastic Bag Coalition v. City of Palo Alto, et al. – Petition for Writ of Mandate filed on April 10, 2009. The Petitioner sought to have a city ordinance prohibiting supermarkets from distributing single-use plastic bags at the point of sale repealed on the basis that the City violated CEQA when they failed to complete an EIR prior to adopting the ordinance. The issues was resolved through a settlement agreement whereby, the suit was dropped and the City of Palo Alto agreed not enact or adopt any ordinance or law that prohibits, places a fee, or regulates the distribution of plastic bags unless the City completes an EIR that complies with the requirements of CEQA. The agreement did not include any ordinance that was enacted prior to March 30, 2009.[21]

Research against plastic bags

There are numerous reports and studies regarding the negative impacts associated with single-use plastic bags. A summary of two reports with relevance to this case are provided here. The first is a staff report to the Los Angeles Board of Supervisors on plastic bags which identified several findings including plastic carryout bags being a significant contributor to litter and having detrimental impacts on marine wildlife and the environment. The report also concluded that biodegradable carryout bags were not a practical solution to the issue as there are no local composting facilities available to process biodegradable bags. The final two findings of the report focused on the benefits of reusable bags over plastic as well as paper bags and that the acceleration of the widespread use of reusable bags will lessen the amount of litter from plastic bags.[16] The second report is a comprehensive compilation of information and literature regarding single-use bags found in the Master Environmental Assessment (MEA) on Single Use and Reusable Bags. The intent of the MEA is to provide a comprehensive reference available to cities and counties that can be used to help in understanding the impacts associated with actions targeted at cutting the use of single-use bags. The MEA reports several findings specific to plastic bags, including that "nearly 20 billion single-use high-density polyethylene (HDPE) plastic grocery bags are used annually in California, and most end up in landfills or as litter. In fact, of the four types of bags considered, plastic bags had the greatest impact on litter." The MEA reports that single-use paper bags are recycled more than plastic bags, but considering lifecycles, paper bags contribute to larger greenhouse gas emission, water consumption and ozone production as compared to plastic bags. In comparing plastic bags to biodegradable bags, the MEA found that biodegradable bags had a higher environmental impact at the manufacturing stage and that biodegradable bags may degrade only under composting conditions and will have similar effects on aesthetics and marine life when littered.[17]

Research for use of plastic bags

Several studies cited in the lower court's records assert that the removal of plastic bags from retail stores and shops actually increase the use of paper bags, which are worse for the environment from a sustainability point of view. The Boustead Report documents a life-cycle assessment for biodegradable plastic, recycled/recyclable paper, and recyclable plastic bags. The results of the report show that impact from recyclable plastic bags is the least of all of the bags when considering total energy, fossil fuel use, amount of solid waste, greenhouse gas emissions, and freshwater usage.[18]

A Scottish study evaluated the potential impacts of placing a levy on light-weight plastic bags used by retail shops and other businesses. The study considered several alternatives ranging from placing a levy only on plastic bags at large retailers to placing a levy on plastic and paper bags covering all businesses. The study concluded that environmental benefits would be realized by consumers forgoing the use of lightweight plastic bags and using reusable bags. In each scenario evaluated, consumption of non-renewable energy, atmospheric acidification, the formation of ground-level ozone and the risk of litter decreased as compared to the current use of bags. The study did suggest paper bags have a greater negative environmental impact than conventional plastic carrier bags. If plastic bags are replaced by paper bags, it is estimated that paper bag usage will increase by 174 million bags per year to 213 million per year. This will have associated environmental implications in terms of increased energy use, transport costs, storage space and waste disposal.[19]

A third study evaluated the impacts of the San Francisco Plastic Bag Reduction ordinance which was enacted in November 2007 and banned the use of plastic bags by supermarkets and drugstores. The study was conducted by visiting retail stores and observing checkout procedures and bagging preferences. The study concluded that if the plastic bag ban was intended to reduce impacts to the environment, results of the ban at the time of the study indicated that the ban would not be successful. The study also concluded that the state of California should ensure that recycling bins for plastic bags are present in all major stores as there is still a public desire to recycle plastic bags.[20]