News - Local - The Cambrian

Published: Thursday, Nov. 05, 2009

Viewpoint: Facts about the LandWatch lawsuit against CCSD

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LandWatch San Luis Obispo County would like to make sure Cambrians understand its lawsuit against Cambria Community Services District.

The issue is simple. First, here is a little background. As you know, the CCSD board approved a Water Master Plan for three water projects, including a proposed desalination plant. The board also voted to approve an Environmental Impact Report (EIR) for the Water Master Plan that discusses in broad terms some of the potential impacts of the projects. But, as the EIR states, the specific impacts to ecosystems and species of the desalination plant will not be known until the plant is designed and a site is found.

For example, the district does not know where the effluent would be pumped back into the ocean, how much would be discharged, and what would be in this wastewater. Effluent is the soup of concentrated salt water and processing chemicals that, according to the California Coastal Commission, includes biocides, hydrochloric acid, polymers, metals, and copper sulfate, to name a few.

But since, as the EIR states, “The specific impacts to sensitive species would be dependent upon the final improvement plans for the seawater desalination facility,” the EIR does not include information or analysis about how the toxic soup might spread and af fect ocean ecosystems, plants and animals in the Monterey Bay National Marine Sanctuary.

LandWatch filed suit because, in spite of this total lack of information, the district adopted formal findings that the desalination project would have no significant impacts on the environment. It is a violation of California law for government agencies to make findings that are not backed up with facts. However, unless someone sues them for it, the findings become legally binding and the district can begin construction without any environmental review. All they have to do is point to the “no impact” findings.

This is exactly what happened with the Main Street street lights project. When the county approved the EIR for the overall Main Street Enhancement Project, it had not decided anything about the lights — where, how many, how bright, etc. — but went ahead and made a finding that there would be no impacts from lights. No one sued them for it within the 30 day limit under the California Environmental Quality Act (CEQA). When the project was about to go in, Defend Our Village Environment (DOVE) brought suit on the ground that installation of the lights was prohibited under CEQA because there was no environmental analysis of their impacts.

But the court said that, even if the county broke the law when it approved them, the findings were legal after the 30-day limit. That’s why LandWatch brought this suit. The county did it and we do not want the district to get away with it — to build the project without any environmental review of what the toxic effluent will do to underwater ocean ecosystems, plants and animals. Or to even have the option to build it without environmental review.

LandWatch simply wants the district to remove the admittedly untrue phrases and findings in the EIR that claim that the desalination plant will have no significant effects on the environment. That’s it. No other discussion about the desalination plant in the EIR or Water Master Plan would be touched. But the district refuses. LandWatch even went through the EIR and highlighted each needed change. It didn’t take long. Instead of making the changes the district is spending public funds to fight tooth and nail to hang on to those findings.

LandWatch is committed to environmental protection and wants the district to simply follow the law.

Cynthia Hawley is attorney for LandWatch San Luis Obispo County.