Home > Business Law > San Francisco’s Plastic Bag Ban Upheld on Appeal

San Francisco’s Plastic Bag Ban Upheld on Appeal

A unanimous California Court of Appeal upheld San Francisco’s expanded plastic bag ban, marking the latest in a string of victories for local laws phasing out single-use plastic bags. The case is Save the Plastic Bag Coalition v. City and County of San Francisco, No. A137056, decided in an unpublished opinion by the First Appellate District, Division Two. The lawsuit had disputed the procedures San Francisco used to expand its plastic bag ban in 2012 and the legality of banning plastic bags in restaurants. This is the first appellate court to consider the restaurant issue, and was being followed closely by local merchant groups. The ruling sets the stage for more cities to adopt and strengthen local laws phasing out plastic bags, and the decision is the latest in a series of failed legal challenges to plastic bag ordinances. In this action, the Court of Appeals found against the Coalition on their two primary points of appeal, (1) that it had not sufficiently countered the City’s claim of a categorical exemption from CEQA, and (2) it found that the local ordinance was not preempted by the state Retail Food Code.

– All Rights Reserved © 2013 by Michael L. Mau, Esq. and The Mau Law Firm

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