Friday, July 15, 2011

CARLSBAD: Poseidon desal project wins Superior Court decision

By BRADLEY J. FIKES bfikes@nctimes.com | Posted: Saturday, June 25, 2011 10:00 am | (11)

Desalination financing gets extension

Poseidon Resources Inc. said Friday that the state Superior Court has again affirmed approval of its planned Carlsbad desalination project by the San Diego Regional Water Quality Control Board.
Surfrider Foundation had sued the water quality board, alleging it did not comply with a California Water Code provision requiring the project to take maximum precautions to protect marine life.
Stamford, Conn.-based Poseidon said in a statement that the decision by San Diego County Superior Court Judge Judith Hayes ends the legal challenges filed against the project, which would be located coast next to the Encina Power Station. Opponents dispute that claim.

"The ruling is definitive and is the latest independent determination that the project complies with all applicable state and federal environmental laws," said Poseidon Resources' Senior Vice President Peter MacLaggan.

Poseidon has won a series of challenges against the project, received all needed construction permits, and has already prepared the site for construction. The company is now trying to secure financing to build the plant and related infrastructure, estimated a year ago to cost nearly $700 million.

But financing has been held up because of a dispute between the city of Carlsbad and the San Diego County Water Authority, which proposes to buy the water from Poseidon. So for the time being, Poseidon can't finish the project, which is falling further behind schedule. Last year, Poseidon estimated the desalination plant would be completed by the end of 2012.

Moreover, Coastal Environmental Rights Foundation, another project opponent, said legal challenges are not over.

"While Poseidon may want the community to think this marks the end to legal challenges to the project, that is not the case," environmental attorney Marco Gonzalez said by email on behalf of the foundation.

"CERF will continue to fight at the County Water Authority, when the intake permits are considered later this year by the Regional Water Board, and every other opportunity that arises until a plant is built. This is far from over, and we're committed to a war, not just battles."


Read more: http://www.nctimes.com/business/article_b031ec9b-7264-51b4-a648-47f683cdf22b.html#ixzz1SDlBnnjc

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