“TJ River Stench” written on the ground next to a “hot spot” where scientists measured high levels of hydrogen sulfide gas in the Tijuana River. It’s located just south of Berry Elementary on Nov. 20, 2025, in San Ysidro. / Ariana Drehsler for Voice of San Diego

Kristin Westphal is a trial attorney representing victims of the Tijuana Sewage crisis. She lives in Imperial Beach.

Like thousands of South Bay residents, I have lived through the sewage crisis. I have smelled it, worried about its effects on my family and neighbors, watched beaches close, and listened to years of assurances that help was finally on the way.

I am also an attorney representing victims of the crisis. Those two realities are not separate. They are why I believe so strongly that South Bay residents deserve both meaningful repairs and meaningful accountability.

For years, the South Bay International Wastewater Treatment Plant was operated and maintained by a private contractor, Veolia Water West Operating Services, Inc. under a multimillion-dollar federal contract. Veolia was entrusted with protecting our community by properly operating, maintaining and repairing critical infrastructure. The lawsuits filed on behalf of residents allege that Veolia failed to fulfill those obligations and that deficiencies in maintenance and operations significantly contributed to conditions that exposed residents to sewage-contaminated air, water and soil.

Despite those allegations, the federal government recently gave Veolia a new no-bid contract reportedly worth approximately $27 million, nearly double the value of its prior contract. While the company continues to receive public funds, South Bay residents continue to bear the costs through beach closures, declining quality of life, health concerns and diminished property values.

That’s why we’re suing. Still, some  have suggested that litigation against Veolia threatens efforts to fix the sewage crisis. That argument is simply not supported by the facts.

The funding for long-overdue repairs comes from federal appropriations and infrastructure investments, not from the pockets of Veolia. More importantly, South Bay residents have been hearing promises for decades. We have repeatedly been told that the crisis would be addressed, that improvements were coming, and that relief was just around the corner. Yet, year after year, the contamination continues.

It is difficult to ignore the timing. Meaningful attention increased public scrutiny, and accelerated efforts toward repairs began only after multiple lawsuits were filed against those alleged to be responsible. That cannot be a coincidence. Litigation is often one of the few tools available to ordinary citizens when powerful entities fail to fulfill their legal obligations.

Lawsuits do not prevent repairs. They create accountability.

The purpose of these cases is not to stop progress; it is to ensure that the companies and entities alleged to have harmed our community are held responsible if the evidence establishes liability. A repaired plant does not erase years of exposure. New infrastructure does not undo the negative health impacts, economic losses, and disruption that residents allege they have suffered.

As someone who lives here, I want the crisis to end as much as anyone. I support every legitimate effort to modernize infrastructure, improve treatment capacity, and prevent future contamination. But accountability cannot be an afterthought.

South Bay residents have been asked to be patient while others make promises. We have heard it all before. This community deserves more than assurances. It deserves action, transparency, and accountability from those who were paid to protect them against the sewage crisis.

The current situation did not happen overnight. Decisions were made, responsibilities were not met, and residents have borne the consequences. Litigation is one way to ensure those found responsible answer for their actions and failure to perform.

Veolia denies responsibility and has disputed allegations of wrongdoing, but it is the courts who will ultimately determine the merits of the claims. South Bay residents deserve clean air, clean water, functioning infrastructure—and justice.

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