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Procopio attorneys help keep San Diego fireworks show going

The Daily Transcript
07.01.2010

The law firm Procopio, Cory, Hargreaves & Savitch successfully represented pro bono client San Diego Armed Services YMCA in litigation that threatened to shut down the annual fireworks display on the San Diego bayfront.

The Coastal Environmental Rights Foundation claims that any fireworks displays over water require a permit and California Environmental Quality Act analysis. In October of last year, the organization's legal threats led to the cancellation of a San Diego Bay fireworks display scheduled for New Year's Eve.

In late June, the Coastal Environmental Rights Foundation filed complaints against the city of San Diego, alleging their La Jolla fireworks display would violate state environmental law. The same day, the group threatened the same for the San Diego Bay Independence Day fireworks display, the "Big Bay Boom" this Sunday.

The Procopio team that represented San Diego Armed Services YMCA included partner Robert G. Russell, senior counsel Walter E. Rusinek and associate Kevin M. Davis. The team was led by Procopio partner John J. Lormon.

"John Lormon was the key person in our successful reviews by the Regional Water Quality Control Board and our 'exemption' from the California Coastal Commission," said Sandy Purdon, executive producer and founder of the Big Bay Boom. "If it hadn't been for John and Procopio, we could be facing a far different circumstance with the Big Bay Boom July 4th Fireworks Show. If I had to name a MVP for this effort to save the July 4th fireworks show for San Diego Bay it would be John Lormon."

Even with the exemption in place, for business reasons the San Diego Armed Services YMCA sought to resolve all possible legal exposures. Therefore, on June 24, Lormon negotiated a settlement with the Coastal Environmental Rights Foundation that provided the client with the certainty needed to keep in-kind volunteers in place and the show on schedule.

Lormon also obtained concurrence from the Port District that the Imperial Beach Pier portion of the show was excluded from Port coastal jurisdiction.

As one of the largest pyrotechnic displays in the nation, the "Big Bay Boom" draws 750,000 people each year and generates around $40,000 in proceeds for the the San Diego Armed Services YMCA.