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

American Water awards grants to support local nature-based play spaces

The American Water Charitable Foundation has provided three grants to underwrite local nature-based play spaces across American Water's nationwide service areas.  

Atmospheric releases of BPA could contaminate surface waters, research finds

Researchers from the University of Missouri and U.S. Geological Survey have assessed water quality near industrial sites in the state of Missouri that are permitted to release Bisphenol-A into the air.

MO city sets deadline to settle CWA violations at wastewater treatment plant

The city of Granby, Mo., has agreed to an administrative civil settlement with the Environmental Protection Agency that requires the city to take a series of actions by July 2018 to correct several Clean Water Act violations related to the operation of its wastewater treatment plat.

Reclamation to invest $50M for water savings in West; WaterReuse applauds efforts

As part of the Obama Administration's effort to bring relief to western communities impacted by drought, the Bureau of Reclamation will invest nearly $50 million to support 64 projects that involve improving water efficiency and conservation in California and 11 other western states.

FOLLOW US ON SOCIAL MEDIA