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.”
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.
The left just continues to come up with increasingly absurd, intrusive and manipulative "laws" which only go to prove how completely out of touch with reality they are.ReplyDelete