Judge: Seattle July 4 fireworks don't need review
In a decision Friday, Judge Chris Washington said such displays clearly fall under the public celebration exemption to the state Environmental Protection Agency's assessments.
Benjamin Schroeter, an environmental activist, sued to block last summer's event, saying the city's permit should be revoked for failing to do the environmental review.
The park was once an old gas plant, and it still houses contaminated soil. But the city long ago determined the park to be safe since a protective layer of dirt covers the tainted soil. Schroeter, however, wanted the city to prove that the park is safe before the fireworks show.
"There's toxins all the way up to the surface. That's why this area is fenced off," he said, pointing to a fenced-off portion of the park.
According to Schroeter, following the law means the city must conduct an environmental review. Gas Works Park was once a plant that converted coal and crude oil into gas. There is no disputing the there's underground contamination at the park, but it's covered by protective layer that runs two feet deep.
In 2005, Schroeter used the same environmental argument to stop a summer concert series at Gas Works. A judge ruled the city was required to conduct an environmental review first since the concerts were scheduled to run over several days.
Unlike the concert series, however, the Fourth of July celebration is a one-day event. Given that, the city claims an expensive environmental review is not required.
"If we were required to do SEPA studies for single day special events - I mean, part of what makes this city to live in are the number of special events - we think that would be prohibitive," said Christopher Williams, deputy superintendent of the Seattle Parks Department.
But during 2008 Fourth of July celebrations, Schroeter took a picture he claims is evidence work crews disrupted the protective soil enough to break through the barrier designed to protect the public.
"We need to consider these effects. That's why we have the law and the city is not exempt," he said. "I don't want to be the guy that kills the fireworks - I would be the most hated guy in Seattle - but the reality is I don't think the city is exempt from following the law."
Despite Schroeter's protest, the fireworks display was held as planned on Independence Day.