Case Dismissed: Superior Court upholds approval of Carlsbad Desalination Project

SAN DIEGO, CA, Aug. 6, 2009 -- Poseidon Resources announced the San Diego Superior Court has issued a final ruling upholding the State Lands Commission's approval of the Carlsbad Desalination Project...

SAN DIEGO, CA, Aug. 6, 2009 -- Poseidon Resources today announced the San Diego Superior Court has issued a final ruling upholding the State Lands Commission's approval of the Carlsbad Desalination Project (Project). The Court's denial of the lawsuit means that every legal challenge against the Project has been rejected and there are no active or pending lawsuits to prevent construction start up later this year.

The Superior Court's May 2009 decision to uphold the California Coastal Commission's approval of the Project is also now final. Opponents of seawater desalination led by the San Diego chapters of the Surfrider Foundation and Coastkeeper have an extensive and unsuccessful history of filing legal challenges and appealing Project permit approvals.

The litigants unsuccessfully argued that as a responsible agency under the California Environmental Quality Act (CEQA), the State Lands Commission should have required additional environmental studies to re-examine among other things the operation of the Project without concurrent Encina Power Station operations (i.e., "stand alone" operation). The Judge found no merit in the petitioner's arguments and denied the petition on all grounds. In doing so, the Judge also ruled that the Commission had sufficient environmental analysis to approve the Project's marine life and greenhouse gas mitigation plans.

"We appreciate the Court's thoughtful consideration of the record and ruling upholding the State Lands Commission's approval of our Project," said Poseidon Resources' Vice President Scott Maloni. "The judge's ruling was definitive and confirms that the Project's Environmental Impact Report is complete and accurately reflects the Project's insignificant impacts," said Maloni.

Poseidon has worked in partnership with the City of Carlsbad since 1998 to build the desalination plant, which will have the capacity to produce 50-million-gallons-per-day of high quality drinking water and serve 300,000 residents annually. Once operational, the Carlsbad Desalination Project will provide enough drinking water to serve 300,000 residents annually. The facility is scheduled to begin construction this year and be operational in 2012.

Poseidon Resources specializes in developing and financing water infrastructure projects, primarily seawater desalination and water treatment plants. These projects are implemented through innovative public-private partnerships in which private enterprise assumes the developmental and financial risks. For more information on Poseidon Resources and the Carlsbad desalination plant visit our website at www.carlsbad-desal.com.

Related Articles
>> Board grants final approval for Carlsbad Desalination Project
>> Court rejects Surfrider's lawsuit over Carlsbad Desalination Project

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