Carlsbad desalination appeals dismissed

Appeals against the May court rulings in favour of the Carlsbad seawater desalination project were dismissed by the San Diego Superior Court on 4 August 2009.

However, the court’s published ruling makes it clear that, in the event of the closure of the Encina power station (EPS), from the intake of which the desalination plant will draw its water, a new permitting process would have to be gone through with the City of Carlsbad and the California State Lands Commission. A new permit from the California Coastal Commission would not be required.

The ruling also observes that “The record before State Lands reflects that Cabrillo will continue to operate the EPS “indefinitely” and has no timetable for shutting down EPS …”.

The appeals were made by Surfrider Foundation and San Diego Coastkeeper against Carlsbad desalination developer Poseidon Resources.