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May 31, 2011
Tyranny! Fireworks shows Need Environmental Review as Black-robed Marxist Superior Court Judge Linda Quinn Issued Ruling
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Fireworks shows need new environmental review
Court ruling could have sweeping impact
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.
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Wild Thing's comment.......
In December, 1773, a group of colonists boarded three ships in Boston Harbor and destroyed the tea on board. Did they have a permit for that party??
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
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
Posted by Wild Thing at May 31, 2011 04:50 AM
Comments
It's because of Environmentalists that we don't have any new refineries, nuclear power plants, oil exploration, and we have to live our lives in regulation over their concerns. I think it's about time for the American People to rise up and squash these worshipers of mother earth.
Posted by: BobF at May 31, 2011 08:45 AM
Just another Brick in the wall.
Posted by: Mark at May 31, 2011 11:29 AM
It's AOK and 'PC Correct' for pro-choice women to kill 51 million babies but GOD forbid we accidentally run over a squirrel, eh? What would Rocky think?
Only.... 525 days until Election Day 2012!
Posted by: darthcrUSAderworldtour07 at May 31, 2011 12:39 PM
..what begins in California spreads through the rest of the nation like a creeping, noxious weed. Before fireworks permits may be issued enviornmental impact studies must be undertaken. This will take years and expect those seeking to display the fireworks be expected to pay for these studies. More $$ will need to be spent on law enforcement because a new "black market' in fireworks will "explode" and injuries will increase as untrained "pyrotechnicians' trying to set up outlaw firework displays will injure themselves and others. "Gonzalez has repeatedly said that protecting water quality and coastal feeses is patriotic." Worship Gaia and quash patriotic celebrations that "could offend people". Mr. Gonzales et al are anal orifices and would outlaw fun if the could find a way...
Posted by: willy at May 31, 2011 10:30 PM
Judge Linda Quinn is a Liberal Unpatriotic Bitch.
Posted by: Joel Valencourt at May 31, 2011 11:13 PM
Thank you everyone so much. I get so upset with these enviro's, they really tick me off big time. And nothing is being done to fight back. They seem to win so much of the time.
Posted by: Wild Thing at June 1, 2011 02:40 AM
It appears to be a small part of a larger plan for the extreme environmental groups. They would rather no human walked on the earth (except the elite), return the country to the wild of 100 years ago, let fires burn, remove dams, let the wild animals roam freely,etc., etc. This is all part of Agenda21/sustainable development. At the Earth Summit in 1992 Bush Sr. signed Agenda 21, Clinton started the Presidents Council on Sustainable Development and it has seeped into just about every plan for the future regarding land use, water use, building, farming and of course the air we breathe. The earth is just not sustainable with soooo many people. This case will set a precedent and will be used all up and down the state of Ca.
Posted by: barbarad at June 1, 2011 04:00 PM
Well I'm fighting back Chrissie. I copied this article from your blog and sent it out to all my friends hoping they will send it to their friends. I have also sent Gonzalez an expletive filled letter expressing my views. I encourage all posters to do the same.
Posted by: Eddie (Enemy of the State) at June 1, 2011 04:05 PM
