Desalination project clears legal hurdle

Sponsored by

SAN DIEGO, CA, June 24, 2011 -- The California Superior Court has upheld the San Diego Regional Water Quality Control Board's most recent approval of the Carlsbad Desalination Project, ending years of legal challenges filed against the project.

Between 2006 and 2009, thirteen legal challenges -- eight lawsuits and five permit appeals -- were filed against the project. This latest ruling by Superior Court Judge Judith Hayes resolves the last of them.

In the lawsuit, the Surfrider Foundation alleged that the project did not comply with California Water Code Section 13142.5(b), which requires new industrial facilities using seawater for processing to use the best available site, design, technology and mitigation measures feasible to avoid the intake and mortality of marine life.

In issuing her judgment, Judge Hayes ruled that the San Diego Regional Water Quality Control Board properly applied state law, and that "Water Code Section 13142.5(b) does not prohibit the implementation of restorative mitigation measures when considering a project's best available, site, design, technology and mitigation measures feasible." Judge Hayes' ruling went on to say, "The plain language of the Section 13142.5(b) provides that mitigation measures, together with the best available site, design and technology will be used for each new coastal industrial plant." Judge Hayes also ruled that the Federal Clean Water Act Section 316(b) does not apply to desalination plants as originally asserted by Surfrider.

"We appreciate the Court's thoughtful consideration of the record built by the project over the past decade," said Poseidon Resources' Senior Vice President Peter MacLaggan. "The ruling is definitive and is the latest independent determination that the project complies with all applicable state and federal environmental laws," said MacLaggan.

Phase I of the Carlsbad Desalination Project construction was initiated in November 2009 and Phase II will commence after project financing is completed later this year.

###

Sponsored by

TODAY'S HEADLINES

$9.6B invested in nature-based solutions in 2013 to sustain global clean water supplies, finds study

In an effort to sustain clean water supplies across the globe, governments and companies in 2013 invested $9.6 billion in initiatives to implement nature-based solutions, according to a new report from Forest Trends' Ecosystem Marketplace.

OR brewing company installs advanced green roof, protects local waterways

This summer, Ninkasi Brewing Company's administrative building opened in the city of Eugene, Ore., and features a state-of-the-art rooftop garden that helps protect local waterways.

Key global shale resources face growing water stress, finds report

According to a new report by the World Resources Institute, governments and businesses using hydraulic fracturing to develop shale gas could face intense water competition in the world's largest reserves.

Medium-voltage AC drive

FOLLOW US ON SOCIAL MEDIA