Department of Water Resources
A daily compilation for DWR personnel of significant news articles and comment
April 10, 2009
1. Top Item–
Desalination plan's foes hit with a legal setback
The
By Michael Burge
Judge Judith Hayes issued a tentative ruling rejecting arguments by Surfrider Foundation and the Planning and Conservation League that the California Coastal Commission misapplied state law when it gave Poseidon Resources a coastal development permit to build the plant.
The environmental groups challenged the Coastal Commission's decision on several grounds, including that it failed to require Poseidon to reduce the amount of fish and marine organisms that would be killed in the desalination process.
Hayes said the commission's decision was reasonable based on the evidence presented at its November 2007 hearing.
Poseidon proposes building a desalination plant at the Encina Power Station on the south shore of the Agua Hedionda Lagoon in
The Coastal Commission required Poseidon to restore 55 acres of wetlands to compensate for the environmental damage the plant would cause.
Marco Gonzalez, the attorney for Surfrider and the league, said yesterday that the groups are unhappy with the ruling and believe the court misunderstood some facts.
“In particular, a large part of the prospective ruling is based on the perception that the project was previously approved by the regional board,” Gonzalez said.
The San Diego Regional Water Quality Control Board has previously given the plant a permit, with a condition that Poseidon reduce the flow of water into the plant to minimize the fish killed in the process.
The board didn't formally approve Poseidon's plan Wednesday but gave a nod to the proposal, while directing its staff to devise a stringent monitoring regimen to ensure the new wetlands create enough marine life to compensate for the losses.
Scott Maloni, Poseidon's spokesman, said, “We appreciate the court's thoughtful consideration of the merits of the case and we will reserve further comment until after the final decision has been made.”
Hayes will hear oral arguments today.
Surfrider also has sued the state and regional water quality control boards and State Lands Commission over their plant approvals.#
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