Also on Friday, the 4th District Court of Appeal ruled in favor of the project in the appeal by the Surfrider Foundation of the California Superior Court decision upholding the project approval by San Diego Regional Water Quality Control Board, establishing the conditions under which Poseidon is able to withdraw seawater from the Pacific Ocean.
In the original lawsuit challenging the RWQCB’s project approval, the Surfrider Foundation alleged the project did not comply with California Water Code Section 13142.5(b), which requires new industrial facilities using seawater for processing to use the best available site, design, technology and mitigation measures feasible to avoid the intake and mortality of marine life.
Poseidon Resources prevailed in that lawsuit in 2011, with Judge Judith Hayes finding that the RWQCB properly applied state law in its approval. Surfrider then appealed the ruling, contending that in issuing the permit the Regional Board failed to comply with the requirements of the California Water Code.
In its decision, the Court of Appeal rejected Surfrider’s arguments and concluded that the Regional Board complied with the California Water Code. The decision is Certified for Publication, marking its legal significance. The decision ends the 14th and final remaining legal challenge to the project.
Poseidon Water specializes in developing and financing water infrastructure projects, primarily seawater desalination and water treatment plants. These projects are implemented through innovative public-private partnerships in which private enterprise assumes the developmental and financial risks. For more information on Poseidon Water please visit our website at www.poseidonwater.com.