CA Court of Appeals Rejects Attack on San Diego Regional Board General Permit for Fireworks Displays
On May 8, 2017, a California Court of Appeal in an unpublished decision soundly rejected an attack on the San Diego Regional Water Quality Control Board’s general permit for fireworks display shows over waters of the United States. The NPDES general permit was issued over 5 years ago pursuant to the Federal Clean Water Act and was the first of its kind in California. The Court of Appeal did not address the trial court’s finding that there is an implied “Independence Day Exception” in the Federal Clean Water Act or the State’s Water Code. The case is Coastal Environmental Rights Foundation v. California Regional Water Quality Control Board, Case No. D070171, in the Court of Appeal of the State of California, Fourth Appellate District.