FOR IMMEDIATE RELEASE
DATE: 1/27/2026
Formal petition under U.S.-Mexico-Canada trade agreement alleges violations of numerous environmental laws by the Mexican federal government
SAN DIEGO, Calif. – San Diego Coastkeeper filed a Submission on Enforcement Matters (SEM) with the Commission for Environmental Cooperation (CEC) on January 23rd, leveraging environmental protections under the United States-Mexico-Canada Agreement (USMCA) to address the ongoing Tijuana River sewage crisis. The petition alleges that the Mexican federal government has failed to implement and enforce its own environmental laws, allowing billions of gallons of untreated sewage to flow into the Pacific Ocean and Tijuana River, contaminating coastal waters on both sides of the border. Coastkeeper received notice on Monday, January 26th, that the CEC received the Submission and began its review.
A Public Health and Environmental Catastrophe
Failing wastewater infrastructure in Mexico and the U.S. has led to an escalating environmental, social justice, and public health catastrophe that disproportionately impacts communities of color across South San Diego County and throughout the greater Tijuana metropolitan area. Decades of neglect and political inertia have resulted in billions of gallons of raw sewage and toxic chemicals being discharged directly into the Pacific Ocean and Tijuana River. For example, during the summer of 2024 and autumn of 2025, approximately 40 million gallons per day of untreated wastewater flowed into the Tijuana River Valley during dry weather periods, highlighting the deficiencies of the Tijuana wastewater collection and treatment system. South San Diego communities continue to be impacted by airborne sewer gases, polluted river flows and closed public beaches, degrading the environment and their quality of life.
“Mexico’s failure to enforce its own environmental laws, coupled with its utter neglect of critical sewage infrastructure, has contributed greatly to the border pollution crisis that continues to degrade the Tijuana estuary and poison border communities with sewage pollution,” said Phillip Musegaas, Executive Director of San Diego Coastkeeper. “Coastkeeper is acting on behalf of these communities, seeking the support of this independent Commission to investigate and publicly report on Mexico’s role in this binational pollution crisis.”
Failure to Enforce Environmental Laws
The petition cites Mexico’s failure to enforce multiple environmental laws, including its National Water Law, General Law of Ecological Balance and Environmental Protection, Federal Law of Environmental Responsibility, and its Constitution. Millions of gallons of untreated wastewater flow into the Tijuana River daily due to failing infrastructure in the Tijuana metropolitan area, including deteriorating sewer pipes, broken pump stations, and insufficient treatment capacity. An estimated 27-32 million gallons of raw sewage discharges directly onto the beach south of Tijuana at Punta Bandera each day, as the quantity of wastewater generated in the city dramatically outpaces binational treatment capacity.
Mexican federal officials have the legal authority to issue citations, fines, and sanctions, and to pursue other coercive and legal remedies. Despite ongoing, well-documented violations, they have failed to exercise this authority. As a result, the Tijuana wastewater system continues to operate in persistent violation of Mexican law without any meaningful enforcement or accountability.
The Path Forward
The USMCA’s environmental enforcement provisions allow citizens to submit petitions when they believe a party to the agreement is failing to effectively enforce its environmental laws. The CEC is an international organization established by Canada, Mexico, and the United States under the USMCA to oversee environmental commitments. The CEC Secretariat acts as an independent office that reviews citizen petitions.
If the submission meets all requirements, the Secretariat will request a response from the Mexican government. After reviewing Mexico’s response, the Secretariat may recommend that the CEC Council authorize development of a factual record. This factual record is an in-depth, independent investigation that results in a public report documenting the enforcement failures. The CEC petition process enhances international transparency and accountability by facilitating public and diplomatic pressure on Mexico to comply with its own environmental laws.
“While Mexico has robust environmental laws on paper, the government’s systemic failure to enforce these laws has rendered its entire regulatory scheme functionally ineffective,” explains Patrick McDonough, Coastkeeper’s Senior Attorney. “The tragic result is that millions of people are forced to live next to an open sewer, and the Tijuana River Estuary is threatened with ecological collapse.”
San Diego Coastkeeper remains committed to using every available legal and advocacy tool to address this crisis and protect the health and safety of communities on both sides of the border.
About Coastkeeper
Founded in 1995, San Diego Coastkeeper safeguards our region’s inland and coastal waters through a strategic blend of community science, education, grassroots outreach, policy advocacy, and legal enforcement of environmental laws. This approach allows us to effectively tackle the most pressing water issues facing our region. For more information, visit sdcoastkeeper.org.