In a landmark decision, a federal district judge ruled that two Southern California cities and the San Diego County Unified Port District have standing to sue an international agency over polluted waters allegedly entering the United States under the Clean Water Act. While admitting that “the border will complicated matters,” the judge believed the plaintiffs did indeed have standing to sue over continuous spills of sewage and other waste water into San Diego County.

The United States’ side of the International Boundary Water Commission (IBWC) allows Veolia, a French international company, to use its facility to clean water coming in from Mexico before it enters into U.S. waterways, in fulfillment of the National Pollution and Discharge Elimination System (NPDES) permit it pulled in order to use the plant.

Arizona Ready to Sue the United States Federal Government Over Mexican Sewage Spill

An 8.5 mile pipeline that collects sewage in Arizona, then south to Mexico, and then back north to Arizona is about to burst … again. Last year, this pipeline ruptured during monsoon season, spilling millions of gallons of sewage into the Nogales Wash over seven days, polluting a rare riparian valley.

The judge in the San Diego case gave the parties fourteen days to amend their filings, to include much needed evidence and data in order for the judge to decide on the case. Stay tuned to see how this border controversy resolves. If you’re thinking of suing a federal agency, talk to an experienced governmental agency lawyer first, who can review whether you have standing and if your claim has merit.

Related Resources:

  • Find Government Agencies and Programs Lawyers Near You (FindLaw’s Lawyer Directory)
  • Can You Sue Government Officials? (FindLaw Law and Daily Life)
  • Can You Sue a Federal Agency for Not Enforcing the Law? (FindLaw Law and Daily Life)

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