< 9 Itâ&#x20AC;&#x2122;s (not quite) in the bag
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models on its website available for downloading.) â&#x20AC;&#x153;As soon as this is decided, and Iâ&#x20AC;&#x2122;m conďŹ dent that it will be decided in our favor, they can adopt the laws.â&#x20AC;? Although bag-ban advocates believe the tide has turned, harassment lawsuits, even if they are unsuccessful, still cost cash-strapped cities precious ďŹ nancial resources. â&#x20AC;&#x153;The driver for good policy such as [bag bans], should not be the fear of getting sued,â&#x20AC;? says Connolly. â&#x20AC;&#x153;But we are taking the approach with the advice of the city attorneysâ&#x20AC;&#x2122; group that in order to achieve efďŹ ciencies in terms of joint action, sharing costs and taking the right approach in terms of the environmental review, we should go ahead and do the initial study through the [solid waste agency] subcommittee.â&#x20AC;? In addition to the lawsuit opposing the Marin County ban, Save the Plastic Bag also is suing San Francisco over its plan to expand its ban on single-use bags. The city adopted its expanded bag ordinance using a categorical exemption. Save the Plastic Bag requested a preliminary injunction that would have stopped the city from preparing to implement its expanded ban, set to take effect in October. A San Francisco Superior Court judge denied the request. â&#x20AC;&#x153;The showing of harm is vague and speculative,â&#x20AC;? wrote Judge Teri L. Jackson. And the tide may be turning at the statewide level. In 2010, a bill that would have imposed a ban on single-use bags died in the state Senate on a 14-21 vote. Supporters said
the experience was a team-building exercise and they would return. This year another statewide single-use bag ban law is on the table. According to Californians Against Waste, â&#x20AC;&#x153;AB 298 will prohibit stores from distributing single-use carryout bags. Reusable bags, paper bags and compostable bags (in some jurisdictions) can be made available for sale. The bill also requires stores to provide plastic bag recycling collection bins and creates a reusable bag certiďŹ cation program.â&#x20AC;? The bill passed the Senate Committee on Appropriations by a 5-2 vote July 2. AB 298 â&#x20AC;&#x153;is really good news,â&#x20AC;? says Misseldine. â&#x20AC;&#x153;I am convinced that one of the reasons we have another piece of statewide legislation being considered is because thereâ&#x20AC;&#x2122;s been such extraordinary momentum generated by the adoption of so many local ordinances.â&#x20AC;? Susan Adams played a signiďŹ cant role in the effort to pass the countyâ&#x20AC;&#x2122;s bag ban. She recently attended a National Association of Counties General Assembly; the committee that deals with the environment, energy and land use passed a resolution supporting a nationwide ban on plastic bags. Statewide and nationwide bans represent the best solution, says Adams: â&#x20AC;&#x153;No retailer would have an advantage or disadvantageâ&#x20AC;? based on geography. â&#x20AC;&#x153;It seems we have won,â&#x20AC;? says Misseldine. We are taking the [legal] harassment now, but the public is with us, the momentum is with us.â&#x20AC;? < Contact the writer at peter@pseidman.com.
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