To all those people that thought banning the bag was “government overreach”… how about just bringing your own bag? Photo: Shutterstock
In November of 2013, the city of Huntington Beach did something great: they banned single use plastic bags. It was a huge leap forward in environmentally-conscious thinking, and in large part, the ban was put into place because of public outcry led by environmental groups. But then something strange happened. The City Council voted to bring back plastic bags–and now they’re being sued.
According to the LA Times, many in the community felt that the ban was the result of government overreach. While the government should be aware that they are ultimately representatives of the people, when some of those people would rather carry their individually wrapped apple slices in a plastic bag that will last for the next 1000-or-so years… well, those people should be ignored.
Surf City is being sued by Surfrider Foundation, Orange County Coastkeeper, and Californians Against Waste. According to the lawsuit, the city failed to conduct appropriate environmental reviews on the effects of repealing the ban. “Instead of analyzing the impressive benefits that have resulted from the bag ban since it took effect in 2013, and disclosing how the repeal will reverse those benefits, as required under the California Environmental Quality Act,” said a press release, “the City disregarded its duty to investigate the environmental repercussions of its action and voted to proceed with a Bag Ban Repeal Ordinance on May 4, 2015.”
The City failed to review the impacts of bringing back the bag, which would affect marine life, water quality, and overall aesthetics. Although it seems obvious that a bunch of plastic bags is bad, their failure to actually do a study and prove it is the cornerstone of the lawsuit.
“The leadership of Huntington Beach took a step backwards in terms of environmental protection, but what’s worse is that they are enacting legislation in violation of the law” said Angela Howe, Legal Director of the Surfrider Foundation. “Citizens deserve to know the facts about the environmental harms of single-use plastic bags and how they affect the coastal environment, including their failure to break down in ocean waters and their harm to marine life, such as seals, dolphins and whales, which are killed after ingesting plastic or entanglement in it. Simply put, plastic bags can directly result in permanent waste and death of marine life.”
This is the first time a city that has banned plastic bags has reversed their decision. “Until recently, no city had repealed a bag ban that successfully reduced the volume of hazardous plastics from entering the environment,” said Colin Kelly, Staff Attorney at Orange County Coastkeeper.
The lawsuit will be brought against Huntington Beach under the California Environmental Quality Act, and will challenge the City Council’s reliance on an addendum to the final Environmental Impact Report that the previous council used when they passed the ban. According to the lawsuit, that reliance prevented public and expert reviews on envrironmental analysis.
The proposed lawsuit against The City of Huntington Beach will be brought under the California Environmental Quality Act (“CEQA”) to challenge the City Council’s reliance on an Addendum to the Final Environmental Impact Report that the previous City Council relied upon in passing the bag ban ordinance, which prevented public and expert review and comment on the environmental analysis.
