To: FJB who wrote (2544 ) 5/30/2011 9:28:13 AM From: joseffy 2 Recommendations Read Replies (1) | Respond to of 4326 CITY'S FIREWORKS DISPLAY NOW REQUIRES ENVIRONMENTAL IMPACT STUDY ........................................................ Fireworks shows need new environmental review Court ruling could have sweeping impact By Mike Lee and Christopher Cadelago May 27, 2011signonsandiego.com Fireworks shows are among thousands of events in San Diego each year that need environmental review under a Superior Court ruling on Friday. 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.” California Environmental Quality Act • The statute requires state and local agencies to identify significant environmental impacts of their actions and avoid or mitigate them, if feasible. New precedent: Pollution permits for fireworks Fighting over Fourth of July fireworks Attorney sues to halt Fourth of July fireworks Struggling to permit fireworks Fireworks debate flares in Chula Vista 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. City Attorney Jan Goldsmith said, "Existing law has never been interpreted to require a CEQA review for this. ... This decision opens the door to absurd results.” 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. Environmental impact reports can take a year and cost tens of thousands of dollars. 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.