Opinion: Fireworks lawsuit unnecessary
By Carol Chaplin
With Tahoe South’s two annual fireworks celebrations meeting all state and federal standards, a recent lawsuit that could threaten the annual July Fourth and Labor Day events is totally unnecessary.
Water quality sampling conducted by the state of California’s Lahontan Regional Water Quality Control Board in Lake Tahoe following the fireworks events has demonstrated that levels of pollutants of concern are negligible within 12 hours of the shows and pose no threat to water quality. In a recent story in Lake Tahoe News, Lauri Kemper with Lahontan said that because the perchlorate had dissipated her agency determined there were no long-term effects to the lake from the chemical.
Carol Chaplin
The water purveyors with intake lines near the barges from which the fireworks are discharged have also never reported any effect on the drinking water source as a result of the display.
“The Nevada Division of Environmental Protection encourages the Lake Tahoe Visitors Authority and its contractors to continue compliance with any applicable local permits, plans or requirements. NDEP does not require additional oversight of the twice a year firework displays,” JoAnn Kittrell with the Nevada Department of Conservation & Natural Resources was quoted in Lake Tahoe News.
As one of the most regulated areas in the nation, Lake Tahoe has multiple agencies at the federal, regional, state and local level monitoring all aspects of the area’s environment and ecology. The Lake Tahoe Visitors Authority and Pyro Spectaculars obtain permits from the U.S. Coast Guard and the local fire department each year to conduct the shows. These are the only required permits for events of this type. Since their inception the fireworks have employed a rigorous cleanup protocol. The LTVA also has a pre-event planning meeting for each show with Douglas County Sheriff’s Department, South Lake Tahoe Police and the Tahoe-Douglas fire marshal.
LTVA and Pyro Spectacular have worked collaboratively with the key regulators in the basin – Lahontan, the Nevada Division of Environmental Protection and the Tahoe Regional Planning Agency, in the production of the fireworks. Since the introduction of the National Pollutant Discharge Elimination System more than 40 years ago, no court in the nation has held that firework displays require an NPDES permit.
The fireworks used in the Lake Tahoe shows are designed to burn in the sky. If the shell does not disintegrate the remaining debris is primarily paper, cardboard and string. This is collected from the water after the display. Pyro Spectaculars uses a boat to patrol the fireworks display site for several hours post show and uses nets and other tools to clean up surface debris. The following morning a dive crew and another boat crew are dispatched. Divers cover an 8- to 12-acre area, starting at the launch location and working outward, collecting general trash as well as any fireworks debris. While conducting the cleanup the divers have also assisted by removing invasive Eurasian milfoil plants from the lake.
The LTVA was only made aware of Joseph and Joan Truxlers’ concerns about debris after the Zephyr Cove couple contacted media following the July 4 show. Representatives from the LTVA responded immediately to concerns and staff visited the beach and interviewed several year-round residents. Longtime homeowners told the LTVA that they had never witnessed a debris problem with the event.
Quite frankly, we’re disappointed in what we believe is an unnecessary lawsuit. In 30 years, this was the first time there was any issue – it was an anomaly. LTVA doesn’t need to be threatened with a lawsuit. If there’s a problem, we’ll fix it. This organization has always been responsible, engaged and committed to stewardship of the Lake.
We’re involved with numerous partners in various preservation programs to best position Lake Tahoe as a national environmental and business model. As part of our guiding philosophy, we promote our greatest attraction, the lake itself, in an appropriate and sustainable manner. Tahoe is our home, too, and we know its spectacular beauty and clarity is its timeless attraction, and we’ll always take that responsibility seriously.
The July 4 and Labor Day fireworks displays are among the area’s most popular annual events and generate approximately $4 million and $2 million, respectively, in revenue to Tahoe South each year helping locally owned restaurants, motels, retail and attractions whose livelihoods depend on tourism.
We appreciate the support we’ve received from residents and businesses throughout the local community and beyond on this issue. Most responses indicate that the majority is tired of needless litigation, rather the solution is for local cooperation to ensure the continued success of the fireworks and protection of the lake.
Carol Chaplin is executive director of Lake Tahoe Visitors Authority.
Thank you, Carol. You are right on. Thank you for all LTVA efforts.
Logic dictates that you’re correct, but liberals aren’t logical.
The Truxler’s are solely concerned about themselves; not in my backyard. We have all seen that frequently amongst the limousine liberals.
They and their attorney are intentionally trying to draw attention to themselves, something they collectively desire.
Finally, understand that liberals are a miserable lot. They will always find a problem and want a solution that harms many for the benefit of few. Just remember that they’re not happy until you’re not happy.
BitterClinger, do you personally know these folks, and know for a fact that they are liberals?
Or are you just projecting your hate for liberals on anything you disagree with?
And I am by no means agreeing with their legal action.
Liberals are nothing but logical, but I have no idea how this came up.
Back on topic… Carol, you are 100% correct and this community supports you fully. Shame on the Truxlers for jumping into a lawsuit that could seriously damage our town. The lack of snow is killing us, get rid of the fireworks in the Summer and that will be the final blow to our economy.
Truxlers: the LTVA are not the enemy and are more than willing to cleanup after the fireworks. You should work with them, not against them.
The Truxler’s should move back to where they came from and irritate those people again.
I don’t understand why these people wouldn’t conduct discussion on this matter prior to initiating a lawsuit and now wonder if all fireworks displays will be on hold until the lawsuit is resolved. To me this is reeking of that snooty mindset and legal tactic toward eliminating the pesky tourists and those pesky poor people who service them via the destruction of local tourism and thus the local economy. I’ve seen this typical legal tactic numerous times by elitists so they can change an area to what it is they want and ultimately have it all to themselves.
Too bad LTVA has to spend money on attorneys instead of attracting tourists.
To Carol Chaplin of the LTVA and Mr. and Mrs. Truxler residents of Pinewild,
I think this whole issue of fireworks debris in the lake and on the shoreline can be resolved without going to court or all the mean spirited calls for the Truxlers to leave town.
How about we work together to resolve our contentious differences. Novel idea, eh? Say, a little bit more work from the LTVA in hiring more divers? More work from grounds maintenace people along the beaches? And although I was told it was not feasible, a volunteer group to pick up any stray litter in the affected areas.
This way no court costs and bringing in a myriad of govt. agencies who will hold this whole thing up for a loooong time. Lets do it on a handshake with the people involved and see if everyones happy on the first go round come the first week of July 2014.
Worth a try. Old Long Skiis (Ambassador of Knox ave.)
Sadly, despite the logic of this article, once the courts involve the bureaucrats there will almost assuredly be a negative outcome. Bureaucratic cowardice will always tend to push them to make “safe” decisions. If there is any liability whatsoever, they will bury the problem with requirements that cannot reasonably be met. It is the end of the fireworks tradition, IMHO, unless the lawsuit is withdrawn very quickly.
My first thought was to take the clean-up on without any organization’s involvement. Maybe a few volunteers to go out the next day and clean up what we can. OLS, maybe we can get a little clean up party going on the Lake.
While I don’t have any idea about the Truxler’s motivation in this matter, I believe that they could have been far better neighbors. It would be helpful to understand the motivation.
What is not helpful is trying to turn this into yet another “liberal” vs. “conservative” battlefield.
Hi 4-mer-
I tend to agree with your point re elitists.
Too bad others seem to want to blame liberals for all that is wrong as they see it. They miss the point entirely.
Elitists come in all stripes politically, the common thread ususlly being being in control of so much money they have a hard time figuring what to do with it. I think, on average elitists tend to favor conservative politics as they are afraid of taxes to benefit the lower classes, which they would often see as anybody except themselves, but that is beside the point.
In my experience it seems like the money defines elitism. Even if inherited it creates a thought that because they are rich they are smarter than those less economically endowed. They were smart enough to pick the right grandparents.
So Sue to prove it. What a rush…the power they wield to get their own way is often simply to flaunt the fact they are richer, smarter and therefore better than the people who, for instance, attend annual fireworks.
I could care less about the fireworks. To me they represent a glorification of war. The Truxler’s are exercising their legal rights. All you logical righties should understand.
Ols, And although I was told it was not feasible, a volunteer group to pick up any stray litter in the affected areas.
Having had 16 years worth of “study” on the subject of getting a volunteer group to clean up the beaches all I can say is good luck. Pinewild has had this problem for years and they have reached out to try and resolve the cleanup issue which has fallen on deaf ears. This all boils down to money as in everyone wants the fireworks but who is going to pay for the cleanup. The cleanup area needs to be expanded to Pinewild and beyond it’s shores to all affected areas of the lake. I would be willing to bet that if the powers to be had offered to expand their cleanup to Pinewild years ago when this first started this matter might go away and fall on the next beach down the street.
I love the fireworks and hope they stay.
However, I fear the Truxler’s have a good case. Putting anything into the lake that is trash (cardboard, etc.) or chemicals from the fireworks sounds like a violation of the clean water act. Especially when their attorney can point to everything the TRPA does to mitigate most anything but clean water running into the lake. They can also point to the $100’s of million of dollars spent by the feds to improve lake clarity.
The economic argument probably does not fly as this is an environmental issue first and foremost. My guess is the Truxler’s are not stupid people and given their apparent resources they have already received legal opinion they feel is favorable to their case.
Last I knew the LTVA is a marketing agency. Unless the casinos, chamber, and lodging folks are willing to pony up funding to hire attorneys to fight this where will they get the funds to take up the challenge in court unless the LTVA board is willing to reduce marketing spend and shift funds to legal battles.
The irony is that the dislike for the Stateline folks held by too many in town might be the only way for the CA folks to keep the fireworks and the economic benefit they receive from them. The start of everyone working together? I’ll keep my fingers crossed that it is.
Why should anyone have to deal with cleaning up a mess that they didn’t create?
My guess is that bitterclinger is cjpubworks, the same tone and negative b s towards any forward thinking persons. Same old sorry dribble and spoksperson for the flat earth society. I wonder if the people in bend are tired of his ignorant rant yet…
I wonder if they are suing Tahoe City, Kings Beach and Incline. Didn’t there used to be fireworks at Zepher Cove as well?
“Why should anyone have to deal with cleaning up a mess that they didn’t create?”
Where’s your socialist spirit?? I thought you guys wanted EVERYBODY to be forced to pitch in for the greater/common good.
Cosa, they don’t, but even picking up the phone was too much effort for them. One phone call would have gotten the debris cleaned up. Likely they didn’t like the crowds and here is the solution.
Usually this type of legal action fails though, its pretty tough to live in a neighborhood where a substantial number of neighbors detest you.