The California Supreme Court reversed a judgment of the Court of Appeal. The court held that an EIR was not required where opponents of a city ordinance banning distribution of plastic bags by local businesses had not presented substantial evidence to support a fair argument that the ordinance might significantly affect the environment. The court further held that corporations are not subject to heightened scrutiny when they file citizen suits.
The City of Manhattan Beach adopted Ordinance 2115, which prohibited certain retailers, including grocery stores, from distributing plastic bags to consumers at the point of sale. The city’s goal, as reflected in the ordinance, was to protect the marine environment and marine life from the effects of pollution from plastic bag debris.
