The San Diego County Board of Supervisors on Tuesday agreed to explore taking legal action against those responsible for worsening the cross-border sewage crisis. The unanimous decision means the county may sue or join lawsuits against “any potentially responsible party” for damages caused to the Tijuana River Valley and surrounding communities. Litigation options could target violations of the Clean Water Act, Clean Air Act, Endangered Species Act or the Resource Conservation and Recovery Act. Supervisors directed county staff to report possible options every 90 days. Brought forth by Supervisors Terra Lawson-Remer and Nora Vargas, the goal is to expedite infrastructure repairs and halt the discharge of polluted wastewater that fouls South County shorelines and local roads, ultimately affecting the health of people and the environment. The motion specifically names Veolia Water North America as one to sue because of its direct role in managing the South Bay International Wastewater Treatment Plant at the border. The U.S. Section of the International Boundary and Water Commission (IBWC), a federal agency tasked with administering infrastructure along the international border, owns the 28-year-old plant. Veolia has since operated it under contract. At least three lawsuits filed in San Diego state and federal courts, with the latest filed last week, allege Veolia has failed to maintain the South Bay plant adequately, exacerbating pollution. Two are class-action lawsuits seeking damages for Imperial Beach residents, and another was filed by two environmental groups hoping to pressure the federal agency and the private company to repair and expand the plant more quickly. Many argue that Veolia and the IBWC are equally to blame for not keeping the South Bay plant in compliance with permits under the Clean Water Act and the National Pollutant Discharge Elimination System. In the motion, officials pointed out the company’s record of “repeatedly sidestepping accountability” in public health crises, such as in Flint, Mich. Flint residents struggled with lead-contaminated water after the city switched to the Flint River as its drinking supply in 2014. Veolia was sued for allegedly failing to offer timely recommendations that lead could be leaching out of old pipes into drinking water. Earlier this year, the company agreed to settle the case for $25 million, but maintains that it warned city officials about the potential for lead contamination, according to news reports. Veolia officials told supervisors that going after the company is a distraction from effectively addressing the sewage crisis, which they said is beyond Veolia’s control. The South Bay plant was designed to treat 25 million gallons of sewage from Tijuana daily, but as the Mexican city’s population has skyrocketed, so has the volume of wastewater. However, Tijuana’s sewage system and the South Bay plant have remained unchanged. Veolia said it has pushed for more investments in the San Diego-based plant because only $4 million has been spent on maintenance and repairs from 2010 to 2020. In a Monday letter to supervisors, Veolia CEO Karine Rougé said the U.S. government “has not made the necessary capital repairs and upgrades to help the SBIWTP better handle these uncontrolled flows. … This mismanagement is the root cause of this environmental crisis.” Veolia spokesperson Adam Lisberg also argued that litigation ultimately impacts the workers, who are San Diego residents and “serve as the front line against the uncontrolled sewage and mud and debris that is coming across the border from Mexico.” After the board’s vote, he added, “We hope that the Supervisors, and all who favor real solutions over political theatrics, will accept our offer to visit the plant and see these issues firsthand so they can take a more informed approach moving forward.” During public comments, some suggested going after Mexico instead. Vargas said the U.S. section of the IBWC and its Mexico counterpart are working to fix infrastructure on both sides of the border, which is expected to reduce wastewater and sedimentation significantly. But more funding is needed and repairs cannot come sooner for communities on either side who have been bearing the brunt of the pollution. That’s why, officials said, it’s important to look at all options that could move the needle or bring about faster solutions.