SAN DIEGO (Legal Newsline) – The state of California alleges a federal agency responsible for addressing waste entering the U.S. from Mexico is unlawfully discharging waste from waste water treatment facilities.
People of the State of California Ex Rel. The Regional Water Quality Control Board, San Diego Region filed a complaint on Sept. 4 in the U.S. District Court for the Southern District of California against United States International Boundary and Water Commission and its commissioner Jose Nunez citing the Clean Water Act.
According to the complaint, the plaintiffs allege that waste from the defendants' facilities is unlawfully discharged and enters the Tijuana River, Tijuana River Estuary and the Pacific Ocean, ultimately degrading the state's water quality.
The plaintiffs allege that from April 2015 to February 2018, the USIBWC failed to properly manage and operate its waste water treatment facilities in compliance with its NPDES (National Pollutant Discharge Elimination System) permit.
The plaintiffs seek judgment against defendants, declaratory and injunctive relief, award costs of litigation, attorneys' fees, and other relief deemed appropriate by the court. They are represented by California Attorney General Xavier Becerra, Supervising Deputy Attorney General Michael P. Cayaban, and deputy attorneys general Noah-Golden-Krasner and Phillip M. Hoos in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-02050