Precedent Set by Court Ruling to Uphold Expansion of San Francisco Plastic Bag Ban

摘要

The California Court of Appeal has changed its mind and published a unanimous decision to uphold San Francisco's expansion of the first-in-the-nation plastic bag ban, so lower courts may cite the case as precedent should other municipalities be challenged for adopting similar bans (Save the Plastic Bag Coal. v. City and Cnty. of San Francisco, 2014 BL 1281, Cal. Ct. App., No. A137056, publication order filed 1/3/14). The Court of Appeal, First District, published the decision Jan. 3. On Dec. 10, 2013, the court rejected Save the Bag Coalition's arguments that the expansion, which included a 10-cent charge for single-use checkout bags, violates the California Environmental Quality Act, Public Resources Code Section 21000, or is preempted by the California Retail Food Code, Health & Safety Code Section 113700 (44 ER 3792, 12/20/13).