For the third year in a row, Encinitas-based environmental attorney Marco Gonzalez has lit up debate over La Jolla’s decades-old Fourth of July fireworks show. Gonzalez filed a lawsuit on behalf of the Coastal Environmental Rights Foundation (CERF) in May alleging that city officials erroneously permitted the annual fireworks show at La Jolla Cove because they did not conduct an environmental impact analysis as required under the California Environmental Quality Act (CEQA). “The area surrounding the fireworks zone at La Jolla Cove is a highly sensitive and protected underwater ecological preserve, and the year-after-year impacts of fireworks discharges to water quality, air quality and marine mammals should be considered and mitigated given this status,” he said. “An environmental impact analysis is needed because the law says it is required.” Superior Court Judge William Dato issued a tentative decision on June 14 stating the city must rescind amendments made to park use and special events permitting processes last year, which exempted temporary or one-time events — such as La Jolla’s fireworks show — from environmental review. “The city is not free to eschew its responsibility under CEQA at least to consider the potential adverse environmental consequences of amendments,” said Dato’s tentative decision. Despite tentative judgment in the environmentalists’ favor, Dato stayed his ruling until September while a related case is under review by the court of appeal, allowing this year’s La Jolla Cove Fourth of July Fireworks Show to continue. Gonzalez, however, may consider requesting a temporary restraining order from the court to put a halt to this year’s show. “We are considering our options in light of Judge Dato’s ruling and will make our decision when the matter becomes final,” Gonzalez said. “There are a lot of factors involved, and we understand these two lawsuits are really just important battles in the bigger war against the government’s failure to appropriately regulate fireworks shows.” According to a blog on CERF’s website, the organization would not block this year’s show from going forward so long as the city commits to conducting an environmental impact report. On the other hand, “should the city continue to insist it is above the law, CERF will consider its options to prevent the 2012 show,” the blog stated. Organizers of La Jolla’s fireworks show insist that requiring environmental impact analyses for small-scale events are too costly and would ultimately shut down beloved events throughout San Diego. “The fireworks display is a part of our community,” said Deborah Marengo, director of the La Jolla Community Fireworks Foundation. “Besides being an extremely important patriotic event, the Fourth of July brings many people together to celebrate in Scripps Park, La Jolla Shores, many homes that view the fireworks and visitors to our community.” She said no scientific evidence exists showing that fireworks cause any irreparable harm to the environment. She added that event organizers conduct an extensive cleanup of all materials after the show. “We have Scripps Pier as our neighbor. We have people here who are such strong environmentalists and love our waters. No one has ever said to me that they think we’re doing harm,” she said. “If that 16 minutes once a year is doing damage, I wouldn’t do it.” By subjecting small-scale events like the fireworks show to costly and time-consuming environmental review under CEQA, nearly all such events would be eliminated, she said. “CEQA is really there to protect our environment from certain developments,” she said. “Marco is trying to say that erecting cannons on the park is a development, even though we’re not moving any dirt and it’s not a permanent structure … If he prevails in this, nonprofits will have to pay upward of $100,000 to $150,000 for an environmental impact report and those nonprofits would go away. The long-term ramifications in terms of tourism dollars and sales tax that these events have on the city of San Diego and its revenue could be impacted tremendously.” Marengo emphasized that fundraising efforts for the annual Fourth of July fireworks show continue with full force, and organizers plan to host the same show people have enjoyed for decades. “This effort is only made possible by contributions from the community,” she said. For those who wish to donate, visit www.savelajollafireworks.com. Donations will be accepted until July 4.