RECENT CALIFORNIA DECISIONS

July 2009

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San Diego Superior Court Decision Paves Way for Construction of Carlsbad Desalination Project
Surfrider Foundation v. California Coastal Commission

The San Diego County Superior Court has rejected a legal challenge brought by environmental organizations to a large desalination plant in the City of Carlsbad. Surfrider Foundation v. California Coastal Commission. The petition by the Surfrider Foundation and the Planning and Conservation League challenged the California Coastal Commission’s grant of a coastal development permit to Poseidon Resources for a $270 million desalination facility. After nearly five years of securing local, regional and state agency approvals for the project, and staving off numerous challenges from environmental groups, Poseidon is now poised to begin construction of the facility. When completed, the facility will be capable of producing an estimated 50 million gallons of potable water daily through the desalination of seawater from the Pacific Ocean.