Fireworks shows need new environmental review

Liberty Monday, May 30th, 2011

By Mike Lee and Christopher Cadelago, Sign On San Diego

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.

• Its origin can be traced to passage of the National Environmental Policy Act (NEPA) of 1969. The next year, the state Legislature passed its own version and Gov. Ronald Reagan signed it.

• Projects that need discretionary governmental approval and could have an environmental impact generally require review under the law, unless an exemption applies.

• Public agencies are entrusted with compliance, which is enforced by the public through litigation.

Source: California Natural Resources Agency

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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.

To read more, visit:  http://www.signonsandiego.com/news/2011/may/27/fireworks-shows-need-environmental-review/

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