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Supes Plan to Defend Plastic Bag Ban in Face of Lawsuit

Supervisor Charles McGlashan calls the lawsuit an example of "self-serving corporate greed."

The Marin County Board of Supervisors plan to defend its case supporting the plastic bag ban in the face of a lawsuit filed by the Save the Plastic Bag Coalition on Feb. 24.

Amid enthusiastic cheers from the public, the supervisors unanimously passed the ordinance on Jan. 25.  On top of banning plastic bags in unincorporated Marin, the ordinance imposes a 5-cent fee per paper bag for anyone who forgets their own reusable bags at grocery stores.


The lawsuit argues the county violated the California Environmental Quality Act by passing the ban without first completing an environmental impact report. 

“We’re suing based on the fact that the plastic bag ban issue requires science, namely environmental science, before a rational, intelligent decision can be made,” Stephen Joseph, the coalition’s counsel, told Patch the day the suit was filed.

The coalition claims an environmental impact report would have proved a 5-cent fee wouldn’t be enough to dissuade shoppers from using paper bags, and the life cycle of paper bags results in 3.3 times the greenhouse gas emissions than plastic bags. Since the county did not complete an EIR, the ordinance should be deemed invalid, the coalition argues.

“This is just self-serving corporate greed,” said Supervisor Charles McGlashan, who represents Mill Valley, Belvedere, Sausalito and Tiburon.

McGlashan the coalition’s claims that an EIR would invalidate the ordinance were unfounded and studies have shown similar bans encourage the use of reusable bags.

If the county must go through with an EIR because of the lawsuit, McGlashan said that the board would approve the ordinance again after the EIR was completed.

“All this lawsuit is doing is running up the bill for the tax payer,” he said.

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Editor's note: This story has been revised.

Stephen Joseph March 1, 2011 at 08:34 pm
Millions of dollars? Nonsense. According to the Ark newspaper published on February 2, 2011, Supervisor McGlashan said that the County had calculated that an EIR would cost taxpayers $50,000 to $100,000, while a possible lawsuit would cost about $5,000. In fact, an EIR would cost much less than $50,000, because the county could use the already completed Los Angeles County EIR as a template.
Nicole Ely (Editor) March 1, 2011 at 09:20 pm
Thank you for your comment Stephen. I am double checking with a few sources to follow up and I will get back to you when I hear back.
Nicole Ely (Editor) March 1, 2011 at 10:03 pm
Stephen,
According to a policy associate at Californians Against Waste in Sacramento, there is the potential for ongoing legal fees in addition to an EIR to add up to over a million dollars, but it would be rare. This associate estimates that an EIR could be in the ballpark of $100,000 to $150,000. Thank you for the feedback and I included an editor's note to clarify to readers.
judy March 2, 2011 at 03:29 pm
Nobody should trust Charles McGlashan. He believes strongly that the USA should adopt the European way, Socialism. Oddly enough Europe is getting rid of Socialism. Europe doesn't use plastic bags unless you pay for them. They always used their own bags, then offered plastic, again at a price.
Back to Charles, he also gave us the SMART Train Disaster. Again, he qoutes out how well it works in Europe. Excuse me, Europe is way different than the USA. There are no suburbs in Europe. Charles also gave us the Marin Energy Authority. He gave us this because he hates America and it's principles of capitalism. All these things and others makes him a Socialist and arguably a Marxists. He wants big government and he wants government to tell you what to do, when to do it, and how to do it. These are principles that are anti-democracy. And, they cost you a ton in tax which we cannot pay. He is one of the many that is taking away civil liberties and trying to make us all sub serviant to government. It is time Marin runs these guys out of town because they spend, spend, spend. And none of it is logical spending. Just look at how well they have managed the larkspur ferry. That thing is a dump. They are the same cushions in the boat from 35 years ago!! It is time we get people in government that know how to run businesses and get rid of those people that only know how to spend other peoples money, socialism (e.g. Charles McGlashan)

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Ciel Niesen-Love June 15, 2013 at 07:41 pm
I, for one, am glad they're finally doing this. I have watched for years as Marin has ignored theRead More population growth that has affected us all. Not wanting to put in a commuter train, until the traffic lining the freeway is backed up into another county in the morning, is just one example of this. Then we have the fact that most of the children that my husband and I went to school with in Terra Linda have had to move to other counties because we can't find affordable housing in this one. To top it all off, it seems that the ones who have blocked us from making the smaller additions throughout the county have been people directly involved in the real estate industry, or just local home owners so worried about the value of their homes going down, that they fail to see the larger picture. So here we are, about to make a stride in alleviating the problem, and instead of rallying to make our communities better, we're trying to make it more difficult for the people who live and grew up here to still remain close to their families, not to mention the disabled adults and large elderly population in this county that are in need of this, as well. Some of the teacher's who work in this district have to commute in that traffic every morning, because they can't afford to live in this county, either. It's a sad commentary on where our priorities are when we can't support each other as a community.
John Parulis June 17, 2013 at 11:44 am
Ciel......we're talking big box freeway developments that will add tremendous traffic, schooling andRead More tax burdens to our community. Your ideas about population growth in Marin are off.
Ciel Niesen-Love June 17, 2013 at 02:49 pm
I know the population in Marin is 1% per year, but why do you think that is? People are livingRead More longer and our children are the healthiest in the country. I'll tell you why. It's because the children grow up and move out of the county, because it's not affordable. Here is an example of my latest thoughts on the matter: As the member of a Native American tribe, I have to say that I really resent being told where I should be able to live by an immigrant such as Richard Hall. I believe that roots are important and even if the growth rate has been 1%, it's only because most of the people who have grown up here can not afford to live here and move away. The elderly who make up a large percent of the population here are living longer due to medical advances and who do you suppose will take care of them? People such as myself and for not nearly enough money to live here. So what do you propose? You think that I should move to the East Bay or the North Bay and commute? Well, due to the lack of transportation support, that sound so lovely, let me tell you. Also, the children in Marin are the healthiest in the country according to a recent article I've read. Lower children death rates and such, so who is supposed to teach them and provide care for them and for not enough money to live here? Well, many teachers and care providers that I know that have to commute or live multiple roommates. You have successfully produced a community that only grows 1% per year. Congratulations. Through your grassroots efforts of blocking housing and transportation for years and claiming they don't live up to your standards, meanwhile not providing any pushes for what you might actually feel is smarter you have shut out your county's own children and hard working patriots. So, we can work for minimum wage taking care of your elderly, your children, your precious houses and cars, but God forbid, our children go to school with yours, or that you might actually have to bump into us at the supermarket and say "hi". This is the attitude which had prevailed here and I and many other people I talk to in my neighborhood and that I've grown up with are sick of it. Also, I'd like to point out that we all work hard, and the opportunity to work has been at the help of all of the people in our communities who have helped rear us. Teachers, nurses, doctors, firemen, policeman, babysitters, and many more. Just because some jobs like teaching or care giving don't provide with as much money, doesn't make them less important. In fact, my grandma used to tell me it "God's work". It takes a village to raise your children and it took a village to raise you all.