Imperial Beach Residents File Class Action Over Tijuana Sewage Contamination

Case Overview: A class action lawsuit has been filed against the International Boundary and Water Commission (IBWC) and Veolia, alleging that their failure to properly operate the South Bay International Wastewater Treatment Plant has led to sewage pollution in Imperial Beach, California.

Consumers Affected: Homeowners in Imperial Beach.

Court: U.S. District Court for the Southern District of California

Homeowners in Imperial Beach, California, have filed a class action lawsuit claiming that officials failed to prevent or reduce pollution from nearby waters, severely affecting their property values and quality of life. 

The lawsuit accuses federal agencies and the companies responsible for operating the South Bay International Wastewater Treatment Plant of neglecting to address the persistent sewage and pollution problem that originates from Tijuana, Mexico. 

Imperial Beach Homeowners Say Sewage Pollution Is Ruining Their Lives

Among the plaintiffs is Marvel Harrison, who expressed frustration over the condition of the beach: “We worked hard and put everything we had into this property,” she told the San Diego Union-Tribune. “We never envisioned having a house on the beach only to be driven away by the stench and pollution.”

Residents have had to endure constant foul odors and have been unable to enjoy swimming or surfing due to the contamination. In some cases, families posted signs in their yards with slogans like “STOP THE STINK” to voice their frustrations. They allege that the pollution, which includes raw sewage, bacteria, and even trace amounts of illegal drugs from the Tijuana River, has severely disrupted their daily lives.

The homeowners argue that federal agency International Boundary and Water Commission (IBWC) and contractor Veolia have failed to adequately operate the South Bay International Wastewater Treatment Plant, which is supposed to treat sewage coming from Mexico. This negligence has resulted in untreated or partially treated sewage being dumped into the ocean, contaminating the waters along Imperial Beach.

As a result, homeowners have faced a significant reduction in property values due to the constant pollution, noxious smells, and beach closures, the lawsuit alleges. According to the lawsuit, the pollution has also diminished the residents' enjoyment of the beach, as they are unable to safely swim or use the waters.

The South Bay International Wastewater Treatment Plant: A Failure To Protect?

The South Bay International Wastewater Treatment Plant (SBIWTP) is designed to treat sewage coming from Tijuana, Mexico, before discharging the water into the Pacific Ocean. Built to handle 25 million gallons of sewage daily, the plant was meant to be a solution to long-standing cross-border pollution issues, the lawsuit explains.

However, since 2018, the plant has experienced over 500 illegal sewage discharges, contributing to more than a billion gallons of raw sewage being dumped into waters near Imperial Beach. The plaintiffs argue that IBWC and Veolia have failed to maintain and operate the plant properly, allowing untreated wastewater to flow into the ocean and pollute the surrounding beaches.

Lawsuit Claims Pollution Caused Property Damage and Health Risks

The constant sewage spills have led to over 1,000 days of beach closures in Imperial Beach, the lawsuit explains. Ocean water frequently tests positive for harmful bacteria like Norovirus, posing a health risk to residents. In addition, the pollution has decimated the local fish population, and residents are now concerned about mosquito-borne diseases like West Nile Virus.

Although plans have been announced to modernize the wastewater treatment plant, these updates are expected to take years, leaving residents to continue dealing with the effects of pollution in the meantime.

Through the lawsuit, the homeowners aim to secure financial compensation, arguing that the ongoing pollution has drastically reduced their property values. In addition to $300 million in damages, residents are also calling for an immediate and meaningful solution to the sewage problem. 

Environmental Pollution Lawsuits On The Rise Across The US

The lawsuit against the IBWC and Veolia isn’t the first legal action to emerge from 

pollution-related issues. In fact, Imperial Beach and neighboring communities have previously sued the IBWC and other agencies for their handling of sewage pollution. In 2018, the cities of Imperial Beach, Chula Vista, and the San Diego Port Commission sued the IBWC over sewage spills from the Tijuana River, seeking to compel federal action to address the ongoing contamination.

Another notable pollution case was the Flint Water Crisis lawsuit, where residents of Flint, Michigan, sued state and city officials in 2016 after lead-contaminated water caused a public health crisis. In that case, a $626 million settlement was reached in 2021 to compensate affected residents. In Texas, an explosion at Port Neches’ Texas Petroleum Chemical plant led residents to sue for damages after toxic chemicals were released into the air, allegedly causing long-term health and environmental issues.

And just last month, a class action lawsuit was filed against Shell, alleging that its ethylene cracker plant in Pennsylvania, releases noxious odors, dust, and light pollution, causing significant property damage and health issues for nearby residents.

The Imperial Beach homeowners want to represent anyone who owns property in the area in their claims of negligence and nuisance.

Case Details

• Lawsuit: Harrison, et al., v. Veolia Water West Operating Services, Inc., et al.
• Case Number:  3:24-Cv-01584-AJB-BLM 
• Court: U.S. District Court for the Southern District of California

Plaintiffs' Attorneys

• Stephen B. Morris (The Law Offices of Stephen B. Morris)

Have you experienced the effects of pollution in your community? Share your thoughts and experiences in the comments below.