The Huntington Beach City Council early Wednesday approved an environmental report supporting construction of the nation's largest private desalination plant, yet signaled it would probably kill the controversial seawater-to-drinking-water project.
But the mixed message could lead to legal headaches should the plant owner later challenge the city's decision in court, legal experts said.
By approving the report, the city puts itself in a vulnerable position by indicating that the project meets all environmental concerns, said Gregory Hurley, an environmental lawyer. "They haven't boxed themselves in, but they've crippled their arguments a little," he said.
"There was a lot of squirming going on," said Councilwoman Debbie Cook, who voted against the environmental report. "I think a lot of council members don't want to support this project, but they're not sure how to go about denying it."
The council voted 4 to 3 to approve the environmental report about 3:30 a.m. Wednesday, after more than five hours of public comment by 78 residents, environmentalists and experts. More than 200 people filled the council chambers. By meeting's end, about 50 remained.
A final vote on the project was tabled until Oct. 18.
Poseidon Resources wants to build a $250-million desalination facility in southern Huntington Beach next to the AES power plant on Pacific Coast Highway. It would produce as much as 50 million gallons of fresh water daily. The water would be sold, though it's unknown to whom.
Poseidon officials said they were pleased but not overly confident about their project's chances for final approval.
"It's not a victory; I think it's a successful step," said Billy Owens, senior vice president of the Connecticut-based company. "At this stage we're cautiously optimistic because [city officials] have determined that environmental issues were not negative to the community.... If it meets code and is safe for the community, it should be a lot more reasonable to find a way to make this project successful."
This was Poseidon's second attempt to win approval from the city. In 2003, the council rejected the project because officials said its environmental report understated the project's effects on marine life. Poseidon revised and resubmitted the report this year.
Proponents say the proposed plant is necessary to support population growth and development over the next 20 to 30 years. Poseidon has also offered to build the city a 10-million-gallon storage tank for emergency use.
