A lawsuit to protect San Francisco Bay and the citizens of Marin County “from the harmful effects of desalination” was filed in the Marin Superior Court on 21 September 2009 by a number of opponents including an environmental group.
The suit alleges that the proposed US$ 105 million plant would bring an additional 85,000 people into Marin, discharge up to 30 million gallons of harmful brine into San Rafael Bay, increase energy consumption by the Marin Municipal Water District by up to four times and expose the public to potential contamination.
It alleges the environmental impact report on the project is flawed and asks the court to halt any work toward desalination. The water district’s board approved on 19 August 2009 a 5 MGD (19,000 m³/d) desalination plant expandable to 15 MGD (57,000 m³/d) as one of its potential future water supply sources.