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Coastkeeper & Surfrider Challenge Approval of Desalination Project
September saw San Diego Coastkeeper and Surfrider Foundation, San Diego Chapter file two lawsuits challenging the approval of the proposed Carlsbad Desalination Project by two state agencies that took an “approve first, analyze later” approach that sets a bad precedent for future desalination facilities and for any projects with potential coastal impacts.
On Thursday, September 18, the environmental groups filed a lawsuit in San Diego Superior Court against the San Diego Regional Water Board that seeks to address violations by the agency in conditionally approving a plan submitted to address marine impacts of the Carlsbad Desalination Project. Under the applicable state water law (Porter-Cologne Act), the Regional Board is required to analyze such plans to determine the best site, design, and technology before a plant moves forward. This law is designed to require decision makers to review new technology to ensure all appropriate measures are taken to minimize environmental impacts of such facilities. By failing to make the required assessment under state law, our public agencies foreclosed a meaningful discussion of what the best desalination plant looks like and what proper mitigation would be.
On September 26, Coastkeeper and Surfrider filed a second suit in Superior Court challenging the California State Lands Commission’s August approval of the Carlsbad Desalination Project. The two groups contend that the State Lands Commission was required to prepare a new Environmental Impact Report based on new information and changed circumstances, rather than rely on the City of Carlsbad’s 2006 EIR. Specifically, in the two years since the initial review, the California Coastal Commission determined that the desalination plant will impact at least 37 acres of habitat and required the plant to partially offset its contribution of 97,000 metric tons of carbon dioxide each year. Neither impact was found in the City’s analysis, prompting the groups to ask the State Lands Commission to more thoroughly review the project and fulfill its stat law requirements. Of particular concern are the project’s indirect greenhouse gas emissions, which have evaded environmental review. Last year’s historic Global Warming Solutions Act (AB 32), coupled with recent litigation brought by the California Attorney General, have signaled that agencies must now consider global warming impacts in preparing review documents. As these developments occurred largely after the City made its review, the lawsuit aims to have this further analysis included in a supplement to Carlsbad’s EIR.
It is anticipated that these two suits will be consolidated with a previous lawsuit brought by Surfrider Foundation challenging the Coastal Commission’s approval of the project.”
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On Thursday, September 18, San Diego Coastkeeper and Surfrider Foundation, San Diego Chapter, filed a lawsuit in San Diego Superior Court against the San Diego Regional Water Board. The lawsuit seeks to address violations by the agency in conditionally approving a plan submitted to address marine impacts of the Carlsbad Desalination Project.
Under the applicable state water law (Porter-Cologne Act), the Regional Board is required to analyze such plans to determine the best site, design, and technology before a plant moves forward. This law is designed to require decision makers to review new technology to ensure all appropriate measures are taken to minimize environmental impacts of such facilities. If the required analysis is not done, the public will never get the benefit of improving technologies in the years to come.
By failing to make the required assessment under state law, our public agencies foreclosed a meaningful discussion of what the best desalination plant looks like and what proper mitigation would be.
California’s public and state agencies are charged with following certain procedures and acting in the public interest. The agencies involved in desalination plant approval took an “approve first, analyze later” approach to administrative regulation. This sets a bad precedent for not only future desalination projects, but for all projects with potential coastal impacts.
What Coastkeeper is Doing
Supporting the development of an Integrated Regional Water Management Plan (IRWMP) that focuses on the equitable use of water, water recycling and reuse, conservation and the sustainable development of local water supplies.
Working to ensure successful water reuse projects are implemented throughout the San Diego region, including indirect potable reuse pilot project in the City of San Diego and full water reuse at Camp Pendleton’s treatment plant.
Advocating for environmentally sound technologies and siting for all desalination projects to ensure such facilities do not unduly impact marine life/habitat, exacerbate San Diego’s already high level of energy consumption for maintaining its current water portfolio, or contribute to the region’s greenhouse gas emission inventory.
Assisting in the development of a proactive and comprehensive water conservation agenda for San Diego.
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