Toxic Trespass: Multiple Lawsuits Target Contractor Over U.S.-Mexico Border Sewage Crisis

San Diego, CA — Four lawsuits have now been filed against Veolia Water West, the contractor responsible for operating the federal sewage treatment plant near the U.S.-Mexico border. The suits allege mismanagement by the company and its manager, Mark Wippler, leading to severe pollution issues in the Tijuana River.

The Frantz Law Group initiated a mass tort lawsuit last month, accusing Veolia of illegal chemical discharges into the river, which allegedly failed to comply with the mandates of the San Diego Regional Water Quality Control Board. This lawsuit, together with a similar legal action by Singleton Schreiber, is part of a broader legal strategy targeting the company for environmental damages.

These lawsuits have spotlighted a new aspect of environmental litigation: the impact of water pollution on air quality. Robin Craig, an environmental law professor at the University of Kansas, recently highlighted the growing concern over “aerosolization,” where pollutants in water become airborne, posing additional public health risks.

The Frantz lawsuit claims that Veolia’s management failures have not only jeopardized health in the South Bay area but have also led to property devaluation and decreased business income. In an even more direct accusation, the company is charged with trespassing for allowing hazardous fumes to drift beyond property boundaries, leading to headaches and respiratory issues among local residents.

James Frantz, CEO of Frantz Law Group, likened the pervasive contamination to an unwelcome invasion of private property due to the noxious substances involved.

The lawsuits have been bolstered by reports from scientists at Scripps Institution of Oceanography and other universities, which raise concerns about the health implications of the aerosolized pollutants.

In response to these allegations, a spokesperson from Veolia posited that the pollution issues stem from overwhelming waste flows from Tijuana and insufficient government funding for adequate plant maintenance and expansion. The spokesperson vehemently defended the company’s management of the South Bay International Wastewater Treatment Plant and criticized the lawsuits as unfounded.

Amidst this controversy, the Biden administration has proposed an additional $310 million in funds for the federal plant, supplementing the $400 million already earmarked for enhancing its capacity and functions. However, the International Boundary and Water Commission estimated that the plant’s upgrades would require $600 million and at least five years to complete.

Professor Peter Reich from UC Los Angeles noted that the involvement of a private company like Veolia, reputed for its controversial handling of water systems globally, increases the viability of financial recovery through litigation.

Mass tort is proving an effective legal strategy for handling claims against large corporations responsible for widespread environmental damage. Frantz, alongside other firms, has successfully negotiated billions in settlements, including over $13 billion from Pacific Gas & Electric for wildfire victims.

One of the attorneys on this case, Kristin Westphal of Imperial Beach, also a plaintiff, highlights the personal toll of the pollution. She and her family have suffered numerous health issues attributed to the toxic effluents.

The cases against Veolia demand not only recompense but also medical monitoring for affected individuals, reflecting the serious health concerns at stake.

Frantz anticipates that the legal action could involve hundreds, if not thousands, of plaintiffs, indicating the potential scale of the environmental and health crisis at the heart of these lawsuits.

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