Posted on 05/28/2011 10:53:44 PM PDT by Fitzy_888
What started as a battle over fireworks shows led to a sweeping legal victory Friday for environmentalists that could stymie a wide range of events needing city permits, from the Rock ’n’ Roll Marathon to birthday parties held at parks.
“According to the strictest interpretation of this, jumpy-jumps and everything else would be subject to environmental review if this ruling stands,” said lawyer Robert Howard, who represented the La Jolla Community Fireworks Foundation in the case. “It’s a breathtaking ruling.”
Superior Court Judge Linda Quinn said La Jolla’s annual Fourth of July fireworks show requires evaluation under the California Environmental Quality Act, or CEQA.
The case, filed by the Coastal Environmental Rights Foundation in Encinitas, targeted San Diego’s approval of the La Jolla event but eventually drew in a broad swath of city permits. San Diego officials said they issue about 400 special-events permits annually, along with up to 20,000 park-use permits for smaller-scale gatherings — most of which would now need environmental assessment.
“San Diego issues thousands of these simple park-use permits over the counter with the only consideration being space, just as other cities do across the state,” said City Attorney Jan Goldsmith. “Existing law has never been interpreted to require a CEQA review for this. ... This decision opens the door to absurd results. This is the reason appellate courts exist and we plan to ask for their help.”
Even before the judge’s ruling was finalized, Chula Vista officials on Thursday pulled the plug on their July Fourth show in the face of funding shortfalls and environmental challenges.
The future of La Jolla’s event was fuzzy Friday. Organizers likely can’t complete the time-intensive and costly CEQA analysis by July 4, but Howard said he would ask the court to allow this year’s event while the case is appealed.
City Councilwoman Sherri Lightner, whose district includes La Jolla, said she hoped to find a solution. “We have to strike a balance that protects the environment but also allows our finest traditions to continue,” she said.
On Tuesday, the City Council ratified a long-standing city policy of exempting fireworks shows from special-events permits unless food or alcohol is sold. It was an attempt to shield pyrotechnics from environmental challenges, but Friday’s decision means CEQA still applies.
Environmental impact reports can take a year and cost tens of thousands of dollars.
“Does that mean every event has to get a full environmental impact report? No, but it means that the city has to undertake the burden and applicants have to undertake the cost” of a lower-level CEQA analysis, Howard said.
He said some “events” such as temporary Christmas tree stands have existing exemptions under the law, but many others don’t.
Alex Roth, a spokesman for Mayor Jerry Sanders, framed the suit as part of a “bizarre crusade to stop fireworks.”
“What’s next, a lawsuit against swimmers for polluting the ocean with their suntan lotion?” Roth said.
Marco Gonzalez, a lawyer for the environmental rights foundation, exulted over Friday’s win, which comes after months of criticism against him for challenging an American tradition.
“If you were to sum it up with one word, I would say ‘vindication.’ It’s vindication for the environment ... and it’s vindication for my client because of the amount of disparaging comments and general negativity that was thrown our way when we were told that our lawsuit was frivolous,” Gonzalez said.
Earlier this month, his lawsuit had spurred regional pollution regulators to adopt a new permit for fireworks shot over beaches and bays. The mandate, based on the Clean Water Act, was a national first.
Gonzalez said he also is breaking new ground in seeking reviews of fireworks shows under California environmental law.
“There are a whole host of impacts that we know occur from fireworks shows, from marine mammals to marine birds to water quality to traffic to noise to the air,” Gonzalez said. “We want it studied and we want it mitigated.”
Tony Manolatos, a spokesman for City Councilman Kevin Faulconer, stood by the council’s exemption for fireworks. “I think banning fireworks on the Fourth of July is un-American,” he said, “and I think the majority of San Diegans would agree.”
Gonzalez has repeatedly said that protecting water quality and coastal species is patriotic.
10.0 10.0 10.0 10.0 10.0...
And there you have it...
And of course each one has to be custom — there’s no such thing as a generic set of rules for an “OK” event.
Pyrotechnics do contain small amounts of potentially poisonous (the dose makes the poison) chemicals that lend colors to the burning sparks. But it would seem a low-brainer to figure out how much is too much. Nobody had ever complained before that fireworks were killing fish or rendering them unfit to eat, etc.
There's the answer. "Have your event. But you're going to pay out the nose for the study we do on it." Just government making sure they get a thick slice of the money pie.
Well, you can set up a zone, do an EIR, then issue permits within that area, so that’s sort of a workaround. They could zone the whole city for fireworks. They’d still have the big-bucks EIR, though, so they probably should also zone it for respiration lest Gonzalez starts complaining about all the “damage” human exhalations are causing the environment.
Mostly what they need to do is just have an Appelate court kick Linda’s ass.
CEQA analyses are generally done by environmental consultants. Government pays for them, private enterprise does them.
Y'all keep thinking it will never happen...
Can you imagine what it is going to be like in 25 years. I have no doubt that they are going to require us to wear plastic suits or something.....sorta like they did on the Jetsons. When I think of 1986 to today it is stunning how things have changed. I totally feel sorry for kids today.
EIR demands have killed an unknowably large number of projects both for government and private sectors. Maybe this attack on fireworks will be a step too far.
At what point do we say “NO MORE” to the tyranny!
I call it black robed terrorism.
We have no Constitution, no teaching of the Declaration of Independence because it references “God”, so why do we need 4th of July and thus fireworks? It might hurt some gnat with all that smoke...
In April, 1775, the colonists fired their black powder rifles in Lexington, Concord, Lincoln, Menotomy, and Cambridge (The shot heard around the World). Did they have a permit to do that??
Millions of Mexicans come into our Country to work. Did they have permits to do that??
The unions occupied the State House in Madison, WI. Earlier this year, for several days, and did millions of dollars in damage. Did they have a permit to do that??
“When Injustice Becomes Law, Rebellion Becomes Duty” – Thomas Jefferson
“If you were to sum it up with one word, I would say ‘vindication.’ It’s vindication for the environment ... and it’s vindication for my client because of the amount of disparaging comments and general negativity that was thrown our way when we were told that our lawsuit was frivolous,” Gonzalez said.
Wait. So it is not only for the "environment" but because his precious client got their feelings hurt.
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