Fireworks v. the Environment?

Donald E. Creadore, Esq.

The title of this article is actually the title of another article by a different author; however, it should set off alarm bells for the fireworks industry. While other industries have been similarly targeted, in my opinion only highly-capitalized and centralized industries (such as oil companies) with an ability to tap vast unnatural resources (e.g., legal, publicists, political, scientific) are able to absorb the costs required to successfully defeat the relentless attacks, nationwide, of environmental groups and, inevitably, the plaintiff’s bar.

It is obvious to even the casual observer that fireworks and any adverse impact upon the environment continues to be a topic of hot debate, with the number of interested parties only rising. The line of this debate is aptly illustrated by two recent reports, each from separate coastlines.

On the east coast, in New York, a study commissioned by the Lake George Alliance found that fireworks appeared to have no measurable effects on Lake George’s water quality. During the summer, the village sponsors weekly fireworks displays over the lake, which also hosts an active recreational boating and bathing population; consequently, concerns were raised about pollutants from fireworks. The study offers favorable results that in some measure can be used, together with other studies, to form a baseline for industry reference and use.

On the west coast, environmental activists renewed efforts to, this time, stop San Diego from conducting a holiday fireworks display, citing wrongful emissions of pollutants without a valid permit (to discharge it into the underlying body of water). The fireworks industry’s struggle in San Diego, as well as throughout California, is legendary, widespread and growing; and one should be mindful that California is, oftentimes, a harbinger of things to come in terms of new legislation, regulation and judicial interpretation.

The variety of lawsuit commonly relied upon by environmental groups are sometimes referred to as ‘strike suits'; but, regardless of the label, the complaining party routinely requests that the court issue an injunction; presumably, as part of an effort to delay or prevent the event or, alternatively, diminish the event’s popularity. To this variety of litigant, obtaining an injunction is far more preferable that money damages. Meaning, for the present time, the complaining party is not in it for the money but, rather, for change (in industry practices or, separately, regulatory change).

To date, environmental groups have, seemingly, had more success in the court of public opinion than in any courtroom, but it may only be a matter of time before advances in science and technology result in courtroom success, as well. My suspicion is that if finely-tuned arguments successfully merge with legislation or common-law principles, court victories will likely be forthcoming. Taken to the next logical step, once it is widely-known that legitimate and valid environmental claims can be successfully asserted against persons, it will only be a matter of time before the plaintiff’s bar enters the picture to continue the attacks; unlike environmentalists, this variety of litigant is in it only for the money.

Given the commonality of the environmental claims being asserted, it behooves the industry to establish a rapid response team of professionals, publicists and experts to generate arguments and protocols required to uniformly fend off the impending legal applications, especially lawsuits seeking immediate injunctive relief. As a rule, the requesting party has the element of surprise, and requests for injunctions are expedited matters that present unprepared and untrained counsel with issues that are extremely difficult to overcome on the run. This advantage can be neutralized by thorough preparation. In this sense, the title ‘Fireworks v. Environment?’ is, in my opinion, another call to arms to the fireworks industry.

©2010 Donald E. Creadore, Esq.

Comments and questions can be directed to:

Donald E. Creadore, Esq.

305 Broadway – 7^th Floor

New York, New York 10007

Tel. (212) 355-7200 - Fax. (212) 583-0412

Email: www.pyroesq@aol.com

This article is not legal advice and the statements and opinions of the author do not constitute the rendering of legal advice, nor do they act as a substitute to conferring legal counsel of your choice. You should consult an attorney if you have legal questions that relate to your specific legal issues. Y

By Big Bruce Snowdon

Why is it that people refer to the fourth day of the seventh month as the "4th of July"? You don't hear people saying "HO HO HO, merry 25th of December!" How about "Happy 1st of January!" Or how's about this: a fourth Tuesday in November turkey?

Only Independence Day has suffered this indignity. Why? Other non-religious American-only holidays have kept their names: Flag Day; Thanksgiving; Valentine Day. Why? Could it be that people just don't care? After all, if a modern politician got up and gave what would be considered the usual Independence Day speech in 1895 today, he'd be lucky if all he got was a Bronx cheer and not a rotten egg.

Maybe people are afraid? Virtually everyone who was born before 1950 remembers how the country cowered before Joe McCarthy's bombast and his famous phrase "Are you now or have you ever been..." or maybe it was unfashionable? Whatever it is, I'm hoping at long last that the American People are getting over it.

Once again people can be different without being attacked by the other side; being pro-American is viewed as healthy and natural and the urge to run your neighbor's life has abated. So let's make this a NEW fashioned INDEPENDENCE DAY with loads of fireworks, larger shows, fun and patriotism. Let it be the first of many more.

Patriotism in the U.S. isn't allegiance to the federal government. It's belief in an idea. Some time during the 30's people lost sight of this and along with loyalty oaths and other totalitarian trappings, patriotism was defined as how low you were willing to bow to the bureaucrats in Washington. Then people began to wake up again as the Federal government's incompetence mounted. The idea many Americans are awaking to is INDEPENDENCE as in INDEPEN-DENCE DAY.

They are asking themselves "Why should anyone tell me I can't light a sparkler (or an M-80 for that matter)? If I burn myself, that's MY business. I'm not the governments property.

Used to be, you wanted work you found a guy would hire you and you went to work. Now, your taxes and the taxes extracted from your employer are supporting half the population that won't work and all those bureaucrats who make you fill out all those papers and then come down on you to "enforce the law". Income tax, Social Security, unemployment, pensions, compensation, unions, insurance, it takes you one whole day just to fill out the forms before you can begin to work.

President Reagan was right about this: we cannot allow the federal government to continue to grow or even continue as it is if we are to remain free, a free people. Even Eugene McCarthy made the observation that Americans cannot bureaucratize everything and remain free.

It seems to me that we are getting freer and back to our roots. Damn all the ideologies!

LONG LIVE FREEDOM!

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the mystery revealed

By Steve Wilson

IT’S TRUE - THOSE WERE 24-INCH SHELLS AT THE WESTERN WINTER BLAST

SHELLS WERE MADE AT THE WWB!

A question was asked on the Western Pyro Assn mail list about a mysterious 24-inch shell that members thought was fired at the Western Winter Blast XX. Actually, two (2) 24-inch round shells were fired and they were made right there at the WWB! Now it can be told.

The story began with the idea of firing such a magnificent shell at the association’s 20^th anniversary WWB. We turned to the guy with the most expertise in large shells, Devon Dickenson, and asked him if it could be done. The simple e-mail asked him if it was possible and what would be needed. He came back with the following:

Here’s your checklist for 24” shell at WWB XX. All of these items are necessary:

1. Get Jim Widmann to bring his WASP for 24” shells.

2. Find a gun to shoot it from.

3. Acquire 160 3” comets for stars.

4. Acquire 25 lbs. Meal D for burst. I have the granulated cork for substrate.

5. Acquire 15 lbs. of 2FA for lift.

Weather permitting we should be able to put this together on site. You have your assignment. Good luck. Start with Jim. If he can’t get the machine to the park, then there no reason to get the other supplies.

There was some skepticism. In an e-mail Bill Page wrote “Are you kidding! You guys are going to make and shoot a 24" shell in 2 days? Call Ripley's. Are we covered for 1.1D? Did anyone figure out the bursting charge for a 24? I have never seen one work right. Can we put the mortar in the infield this time and under-lift it so the folks can really appreciate it?”

Well, we got all those elements, and more! I must profusely thank Jim Widmann, Devon Dickenson, Bill Page, Noye Balmer, Sam Bruggema of Pyro Spectaculars, Rudy Schaffner and Fireworks America for making this project possible. Each of them provided a key element to fabricate the two mammoth shells on site and get them into the air.

For instance, Sam got us the use of the gun. Rudy donated the Meal D and some FA to lift the shells (18 pounds per shell!). Bill Page agreed to make the comets. Fireworks America helped us get stuff to the site to make it all work. Noye Balmer volunteered to make enough stars for a second 24!

Devon and Jim, along with some assistants, worked for several days making burst, prepping components, filling the shells and finally putting them on the machine for the two hours of wrapping with gummed tape. It took about two days for each shell to dry after pasting on the machine.

The last shell shot in the Saturday night show was the first 24. The shell went real high. It was a huge ballistics success and a real tribute to the WASP24 machine. The stars in that shell were pressed 3” comets made by Bill Page specifically for the shell. He also provided half of the burst meal used on the two 24s. It took 50 lbs. of milled meal mixed with Meal D to coat the large cork pieces used to break both shells.

The second 24” shell was the very large breaking shell at the beginning of the showcase (preceded by Tom DeWille’s countdown clock). The outer petals were stars rolled by Noye Balmer (they were spectacular!) and the inner petals were blue comets.

This was an unlikely project so great thanks are due to the guys mentioned above and all the others that made it work.    SW

NITRATE-BASED STROBES

By Lloyd Sponenburgh

A question was asked on rec.pyrotechnics about formulations for strobing comps that do not use dichromate. Here are some nitrate-based compositions.

#1 works particularly well, and by tuning the amount of 200-mesh vs. 60-mesh MgAl, it can speed the strobe up to a steady burn, or slow it to one or two flashes per second, with an occasional "stop", followed by self-relight.

It's not a true strobe in that it has more of a shimmering, intermittent burn than a regular on/off strobing.

This material works best simply "settled" in a 5/16" i.d. thin paper tube (lance tube).

Adding up to 3% air float charcoal will make it less prone to go out, and easier to ignite.

Simply replacing the strontium nitrate with barium nitrate yields an acceptable green version.

Various Nitrate Red Strobes

#3 and #3b bound with acetone, but try dextrin/water.

I have used these formulations with good success and have even modified #1 with a little copper oxide and saran for a purple shimmer lance.

It should be pointed out that these are not products of my mind - I got them “off the web”. We should give credit to the anonymous original author.   LS