The County of San Diego successfully pursued litigation against opioid manufacturers, winning more than $100 million, and is on track with a lawsuit against a ghost gun company that violated State laws. Now Supervisor Terra-Lawson-Remer wants the County to get involved legally in holding corporations responsible for the Tijuana River Sewage Crisis accountable, and on October 22 a policy to do it will be voted on by the Board of Supervisors.   

Litigation is a powerful tool in the fight for environmental justice, empowering communities to hold corporations accountable for damages while securing firm commitments to halt ongoing pollution and prevent future harm. A prime example is Anderson v. PG&E in Hinkley, CA, famously portrayed in Erin Brockovich. The case not only secured a $333 million settlement for residents harmed by toxic groundwater contamination, but also compelled PG&E to accelerate investments in environmental cleanup and remediation to stop further damage and prevent future contamination.

On Tuesday, Supervisor Lawson-Remer joined a group of concerned residents from Imperial Beach who have filed a lawsuit against Veolia Water Operating Services and Veolia Water North America-West who operate the South Bay International Water Treatment Plant (SBIWTP). This is the same corporation that was involved in the Flint, Michigan drinking water crisis and other lawsuits for their role in multiple public health crises, including in Oklahoma, Pittsburgh, and Colombia, consistently prioritizing profit over the well-being of residents. Their track record of inaction and harm raises serious alarms, especially given their integral role as operators of SBITWP. 

“The Tijuana River sewage crisis is a critical regional issue and an environmental crisis for our entire county. The coastal communities I represent are heavily impacted,” said Supervisor Lawson-Remer, Vice Chair, the San Diego County Board of Supervisors. “Next week I will bring a policy for a vote that if approved will allow us to start or join lawsuits involving the Tijuana River Crisis.”  

In 2017, the County of San Diego was preparing to pursue legal action over the wastewater violations now being outlined by the residents of Imperial Beach, but the previous Board of Supervisors opted for inaction instead. 

“It is a new day in San Diego County,” Supervisor Lawson-Remer continued. “The weight of the County government joining together with our residents will help to drive accountability and action by the entities who are violating people’s right to clean air, water and beaches.” 

The policy to be voted on October 22 specifically says: 

• “Direct the Chief Administrative Officer in consultation with County Counsel, to explore options to file a legal complaint or join existing litigation against any potential responsible parties, such as but not limited to, Veolia North America, for damages caused to the Tijuana River Valley, Estuary and Marine Preserve, and the surrounding communities.” 

• “Litigation options should include, but not be limited to, the Clean Water Act, Clean Air Act, Endangered Species Act, Resource Conservation and Recovery Act.”

If passed, County Counsel is then to return to the Board of Supervisors in closed session every 90 days with updates on their progress.   

Background: Supervisor Terra Lawson-Remer’s Involvement in Helping to Fix the Tijuana Sewage Crisis  

Supervisor Lawson-Remer has been advocating for the state and federal government to step up with more funding and support to resolve the Tijuana Sewage Emergency Environmental Crisis.

In June 2023, Supervisor Lawson-Remer, working with Chairwoman Nora Vargas, got more than 2,500 county residents to sign a petition calling for federal action from President Joe Biden. Later that month at the urging of Supervisor Lawson-Remer and the Chairwoman, the Board of Supervisors declared a state of emergency in response to the ongoing transboundary sewage and pollution crisis. The Board also called on Governor Gavin Newsom and President Biden to issue similar declarations that would expedite access to federal resources and draw national attention to the crisis.

Supervisor Lawson-Remer worked with and lobbied the San Diego congressional delegation to take action, and went to Washington to lobby others.  So far, the U.S. The Federal Government has made more than $456 million available to fix the international wastewater treatment plant on the U.S. side of the border. After significant lobbying, the Mexican government agreed to fix the main sewage plant on their side of the border, and they have an aggressive deadline.  These have been major steps in the right direction for a problem that has been decades long, but Supervisor Lawson-Remer continues to fight for more investments to permanently resolve the issue.

In June 2024, Supervisor Lawson-Remer secured support from the Board of Supervisors for a policy she introduced to expand data collection and develop stronger decontamination protocols for sewage-contaminated floodwaters. The Policy will:

• Launch a Community Health Survey examining health impacts beyond direct water exposure

• Development of a Tijuana River Public Health Risk Dashboard

• Development of a local decontamination protocols for sewage contaminated floodwaters

• Collaboration with the Task Force to develop a list of data sources that can support tracking sewage-associated non-reportable diseases.

• Request zip-code level data from California Breathing Program.

• Enhanced communication with other agencies to increase surveillance and testing under their purview, including San Diego Regional Water Control Board, Air Pollution Control District, CDPH, and CDC.

• Pursue additional funding and support to assess economic and public health impacts of the sewage crisis.

On September 18, 2024 Supervisor Lawson-Remer convened a meeting with the California Department of Public Health (CDPH), the CDC’s Agency for Toxic Substances and Disease Registry (ATSDR), San Diego County Air Pollution Control District (SDAPCD), Environmental Protection Agency (EPA), County of San Diego Public Health Services (PHS), the Department of Environmental Quality (DEHQ), and researchers from San Diego State University and the University of California San Diego to discuss how to best collaborate and share information amongst the different groups and agencies working to address the odors and health effects of sewage from the Tijuana River Valley.

On September 26, Supervisor Lawson-Remer requested North County coastal communities support providing air purifiers to assist southern coastal communities manage the immediate needs to eliminate the smells and poor air quality caused by the river crisis. On October 8, she introduced a policy to pursue making the Tijuana River Valley a Superfund site.