Battle of the Bags

In short order, the proposed ban was withdrawn and, after meetings with representatives of the opposition, the sponsors agreed to implement a voluntary program to recycle plastic bags instead.

Other cities and counties that considered bans on disposable bags but instead approved bag recycling programs include New York City; Austin, Texas; Phoenix; Annapolis, Md.; and Los Angeles County.

Legal test unfolds in California
Environmentalists and business interests are closely watching a key legal test unfolding in Alameda County, Calif., where the plastics industry and related businesses are using the California Environmental Quality Act to challenge a ban on nonbiodegradable plastic bags approved by Oakland in July 2007.

The plaintiff in the lawsuit is the Coalition to Support Plastic Bag Recycling, a group that includes seven plastic bag manufacturers, a plastic recycler in Texas and Kevin Kelly, "a taxpayer, residing in the city of Oakland," who also is the president of the California Bag and Film Federation.

The coalition argues that the measure violated a provision of the state law requiring that a study of the possible adverse environmental consequences of the policy be conducted before enactment. Alameda County Superior Court Judge Frank Roesch agreed in a preliminary ruling, halting implementation of the ban, which would have taken effect Jan. 17, until the lawsuit is heard.

The complaint states that the ban will force consumers to use more paper bags, "which are more costly, generate more pollutants during manufacturing and require more energy to produce and recycle than plastic bags." It also alleges that the continued use of biodegradable plastic bags, allowed under the ban, would "contaminate" recycling programs for disposable plastic bags.

Backers of the ban say the plastics industry is misusing a law intended to protect the environment by seeking to equate a policy decision with a construction project.

"They are corrupting the environmental impact review," said Marissa Arrona, policy aide to Oakland City Councilwoman Nancy Nadel, who co-sponsored the ordinance. "If every effort a city wants to make requires an impact study … they wouldn't be able to do anything."

'That's a lot out of the budget'
While Oakland decided to fight the lawsuit, an identical legal challenge by the same group forced another California town to back off plans to ban disposable plastic bags. The City Council in Fairfax, population 7,000, proposed a plastic bag ban in July that would have extended to all retailers, but dropped it when faced with the prospect of an expensive environmental impact report.

"They were calling for a full-blown environmental impact report, which can cost $100,000," said City Councilman Lew Tremaine. "That is a lot out of the budget of a little town."

The council instead passed an ordinance making the ban voluntary.

But Fairfax residents have begun collecting signatures aimed at putting the ban on the ballot as a local initiative in November. If passed, it would be exempt from the environmental assessment process.