SanDiegoCounty.gov
File #: 24-702    Version: 1
Type: Financial and General Government Status: Agenda Ready
File created: 10/14/2024 In control: BOARD OF SUPERVISORS
On agenda: 10/22/2024 Final action:
Title: AFFIRMATIVE LITIGATION TO FIGHT FOR A FASTER FIX FOR THE TIJUANA RIVER POLLUTION CRISIS (DISTRICTS: ALL)
Attachments: 1. FINAL DRAFT TJ AFFIRMATIVE LITIGATION BL, 2. Signed A72 Form TJ Affirmative Litigation BL
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DATE:
October 22, 2024
31

TO:
Board of Supervisors

SUBJECT
Title
AFFIRMATIVE LITIGATION TO FIGHT FOR A FASTER FIX FOR THE TIJUANA RIVER POLLUTION CRISIS (DISTRICTS: ALL)

Body
OVERVIEW
Affirmative Litigation as a Tool
Affirmative litigation is a powerful tool in the fight for environmental justice, empowering communities to hold corporations accountable for damages while securing firm commitments to halt ongoing pollution and prevent future harm. A prime example is Anderson v. PG&E in Hinkley, CA, famously portrayed in Erin Brockovich. The case not only secured a $333 million settlement for residents harmed by toxic groundwater contamination but also compelled PG&E to accelerate investments in environmental cleanup and remediation to stop further damage and prevent future contamination.

The County of San Diego (County) has a proven and aggressive track record in affirmative litigation. In 2024, we took legal action against a major ghost gun manufacturer for illegally marketing and selling machines designed to produce unlicensed, untraceable, ghost guns that threatened the safety of our communities. The County secured a staggering $100 million settlement from opioid manufacturers for their role in the opioid epidemic, supporting the creation of new behavioral health beds and programs. In July 2024, the County took action to pursue litigation against corporate landlords who are illegally using price-fixing algorithms to drive up rent prices and displace residents.

Tijuana River Crisis
The Tijuana River pollution crisis is an environmental, public health, and national security threat driven by decades of poor maintenance and management of wastewater systems on both sides of the border. Billions of gallons of toxic pollution have flowed across the border carrying untreated sewage, industrial chemicals, sediment, and trash out through the Tijuana Estuary and into the Pacific Ocean, severely contaminating communities along our coastlines. This negligen...

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