Save the Plastic Bag Coalition v. City of Manhattan Beach

Here we consider two questions: (1) What are the standing requirements for a corporate entity to challenge a determination on the preparation of an environmental impact report (EIR)? (2) Was the City of Manhattan Beach required to prepare an EIR on the effects of an ordinance banning the use of plastic bags by local businesses?

Plaintiff, a coalition of plastic bag manufacturers and distributors, claims standing to maintain a citizen suit to vindicate the public interest in environmental quality. The trial court and the Court of Appeal granted plaintiff standing on that basis. Both courts rejected the city’s argument that plaintiff had failed to make the enhanced showing required by Waste Management of Alameda County, Inc. v. County of Alameda (2000) 79 Cal.App.4th 1223, 1238 [ 94 Cal.Rptr.2d 740 ] (Waste Management) for corporate entities to bring a citizen suit. We agree that plaintiff would qualify for public interest standing here, and disapprove Waste Management’s holding that corporations are subject to heightened scrutiny when they file citizen suits. We also conclude that plaintiff, which represents businesses directly affected by the Manhattan Beach ordinance,…