Supreme Court of California

In a dispute arising from defendant-city's ban of the use of plastic bags by local businesses and involving the standing requirement to challenge an environmental impact report (EIR) and whether defendant was required to prepare an EIR prior to enacting the ban, judgment of the court of appeal is affirmed where plaintiff qualifies for public interest standing and standing on its own because corporations are not subject to heightened scrutiny when they file citizen suits and plaintiff represents businesses directly affected by the ban, but reversed where the trial court improperly held that defendant needed to compile an EIR, since substantial evidence and common sense support the city's determination that the ban would have no significant environmental effect.

Appellate Information

• Decided 07/14/2011
• Published 07/14/2011

Judges

• CORRIGAN

Court

• Supreme Court of California

Counsel