Judge Rules Desal Plant Decision Was 'Appropriate'
Wednesday, May 13, 2009 | Updated 7:45 AM PST
The Surfrider Foundation and the Planning and Conservation League had argued the commission failed to require the developer to reduce the amount of marine life that would be killed in the desalination process in Carlsbad.
A San Diego judge has ruled against environmentalists who sued the California Coastal Commission for approving construction of the largest desalination plant in the Western Hemisphere.
The Surfrider Foundation and the Planning and Conservation League had argued the commission failed to require the developer to reduce the amount of marine life that would be killed in the desalination process in Carlsbad.
Superior Court Judge Judith Hayes ruled Tuesday that the commission's approval of the project in 2007 did not violate the state water code. The judge noted that the commission required the developer, Poseidon Resources, to restore 55 acres of wetlands.
Surfrider has two other lawsuits scheduled for trial next month before Judge Hayes regarding the plant's lease and permit.
