A legal challenge that shut down a traditional New Year’s Eve fireworks display over San Diego Bay could leave communities such as San Diego, San Clemente and Huntington Beach wondering whether this year’s July 4 fireworks shows over the Pacific may be at risk.

An attorney representing the Encinitas-based group Coastal Environmental Rights Foundation says that lacking a permit, fireworks shows that send residue into water violate the federal Clean Water Act.

Marco Gonzalez, with Coast Law Group, issued a letter of intent to sue the Port of San Diego last fall over the fireworks show’s lack of a permit. Informed that it was actually the San Diego Port Tenants Association that puts on the show, Gonzalez says he was willing to work with that group on permits and let the Dec. 31 show go on. But the association, lacking time to obtain a permit, chose to cancel.

“We couldn’t take a chance on getting sued,” said Sharon Cloward, association president. “Anyone could have come back (to sue).”

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