- Joined
- Aug 26, 2007
- Messages
- 50,241
- Reaction score
- 19,243
- Location
- San Antonio Texas
- Gender
- Female
- Political Leaning
- Conservative
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
Related
City keeps fireworks as they were
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.
Fireworks shows need new environmental review - SignOnSanDiego.com
It's official, the country has gone completely mad. Permits? Environment IMPACT STUDIES for a fireworks show?
Roth, don't give them ideas man.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.