Group sues Carlsbad for desalination plant report

San Diego Union Tribune

By Terry Rodgers

July 20, 2006

A coalition of environmentalists filed a lawsuit yesterday alleging that the city of Carlsbad failed to fully examine the potential impacts of a proposed oceanfront desalination plant.

If successful, the lawsuit by the Southern California Watershed Alliance and the Desal Response Group would force Carlsbad to redo an environmental impact report for a proposed $270 million desalination plant that would convert seawater to drinking water.

Poseidon Resources Corp., headquartered in Stamford, Conn., wants to build the water facility on about 4 acres within the 95-acre footprint of the Encina Power Station on the southern shore of Agua Hedionda Lagoon.

On June 16, the Carlsbad City Council approved Poseidon's application to build the plant and accepted the project's environmental impact report. The project still must gain approval from the California Coastal Commission, the state Department of Health Services and a lease from the State Lands Commission.

The 21-page lawsuit filed in Superior Court in Vista contends that the city's environmental analysis is flawed, has numerous deficiencies and does not comply with the California Environmental Quality Act.

The lawsuit asks for an injunction or court order blocking construction and any further work on the project until the legal challenge is resolved.

“The city's environmental impact report failed to adequately address impacts in two fundamental areas: marine life and fostering population growth in North San Diego County,” said attorney Rachel C. Lipsky, who represents the environmentalists. “We hope the court will order Carlsbad to go back to the drawing board and come up with a document that fully discloses the problems.”

Although he had not read the lawsuit, Peter M. MacLaggan, senior vice president for Poseidon Resources, yesterday defended the thoroughness of the city's environmental assessment.

“I've never seen an environmental impact report that was done as thoroughly or one that encompassed such an inclusive process as the one undertaken for this project,” MacLaggan said.

While the state requires 30 days of public review, Carlsbad circulated its report for about 400 days and responded to all comments, he said.

“Carlsbad went well beyond the normal requirements of the California Environmental Quality Act,” he said. “I'd be surprised if any court found merit in this complaint.”

Citing similar objections, environmentalists have filed a lawsuit against another desalination project proposed by Poseidon in Huntington Beach.

Carlsbad Mayor Claude “Bud” Lewis said the 50 million gallons of drinking water that the Poseidon plant would produce is crucial to the economic stability of both his city and the region.

“Whatever water is produced by this plant will allow others to use the water that we don't take from the Colorado River,” Lewis said. “Having water is the first thing that new businesses look for when locating to this area.”

Critics contend the desalination plant will extend the life of the Encina Power Station, which kills small marine life as it draws in 600 million gallons of seawater daily to cool the steam-powered turbine system.

“This project will extend the life of an aging, antiquated and dirty power plant,” Lipsky said.

The desalination plant will also discharge up to 50 million gallons daily of super-saline water into the ocean. Poseidon officials say the highly saline water will be diluted before it is discharged and will not harm marine life.

The 52-year-old Encina Power Station, which is owned by NRG Energy, generates about 951 megawatts or power for about 1 million homes.

The city has at least three months to respond to the lawsuit, said Rory Wicks, one of the attorneys representing the two environmental groups.

Terry Rodgers: (619) 542-4566; terry.rodgers@uniontrib.com

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