Surfrider Foundation Abandons Lawsuit Challenging Carlsbad Desalination Project

San Diego, CA - Poseidon Resources today announced it has been notified by the Surfrider Foundation that the organization has abandoned its legal challenge to the State Lands Commission’s approval of the Carlsbad Desalination Project (Project). In August, the San Diego Superior Court issued a final ruling upholding the State Lands Commission’s 2008 approval of the Project. The Surfrider Foundation and Coastkeeper jointly filed an appeal of the Court’s ruling this past December.

The San Diego chapters of the Surfrider Foundation and Coastkeeper have an extensive and unsuccessful history of filing legal challenges (five lawsuits) and appealing Project permit approvals (five permit appeals). The Surfrider Foundation’s decision to abandon its legal opposition leaves Coastkeeper holding out as the sole Project litigant.

“Poseidon Resources and our public water agency customers appreciate the Surfrider Foundation’s decision to put an end to its legal challenges to the Carlsbad Desalination Project,” said Poseidon Resources’ Vice President Scott Maloni. “In doing so, Surfrider has chosen to abide by numerous court rulings and to accept the unwavering determination by the state’s regulatory agencies that the Project is environmentally benign,” said Maloni. “We urge Coastkeeper to follow the Surfrider Foundation’s lead and put the interests of the San Diego region first,” said Maloni.

Poseidon has worked in partnership with the City of Carlsbad since 1998 to build the desalination plant, which will have the capacity to produce 50-million-gallons-per-day of high quality drinking water and serve 300,000 residents annually. Phase one of Project construction started in November 2009. Once operational, the Carlsbad Desalination Project will provide enough drinking water to serve 300,000 residents annually. The facility is scheduled to be operational in 2012.

Poseidon Resources 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.