Carlsbad desalination plant survives another appeal

California’s Court of Appeal, Fourth Appellate District, on 10 December 2010 upheld the Superior Court’s ruling that the State Lands Commission had complied with environmental laws when it approved the Carlsbad Desalination Project.

The ruling ends the tenth legal challenge to the project that has been considered and dismissed.

In August 2008, the California State Lands Commission unanimously authorized a lease agreement that allowed for operation of the project using the Encina Power Station’s seawater intake and outfall facilities. The San Diego chapters of the Surfrider Foundation and Coastkeeper appealed the decision to the California Superior Court. In August 2009, the Superior Court dismissed the lawsuit, leading the project’s opponents to file an appeal.


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