CEC Receives Submission on Wastewater Management in Tijuana, Mexico
Tiohtià:ke (Montreal), 3 February 2026 — On 26 January, the San Diego Coastkeeper, an organization based in the United States, filed a submission under Chapter 24 of the United States-Mexico-Canada Agreement (USMCA/CUSMA) with the Commission for Environmental Cooperation (CEC). The Submitter asserts that Mexico is failing to effectively enforce its environmental laws relating to wastewater management, public health, transboundary notification procedures through binational channels, and overall management of the water resource, leading to what the Submitter refers to as a transboundary sewage crisis in the area.
In submission SEM-26-002 (Tijuana Wastewater Management), the Submitter asserts that inadequate wastewater infrastructure and intentional discharges of millions of gallons of raw sewage each day are contributing to the rapid deterioration of the Tijuana River Valley ecosystems and adjacent coastal areas in California, US. The Submitter adds that Mexico is failing to conduct investigations, issue sanctions or closure orders, require remedial measures and infrastructure improvements, as well as initiate legal proceedings against violators to prevent further environmental damage.
The Submitter adds that Mexico’s inadequate wastewater infrastructure and management is forcing people to live and work near open sewage and exposing local populations to toxic chemicals and dangerous pathogens, causing serious harm to public health and the environment. According to the Submitter, continuous sewage discharge into the Tijuana River which flows into the United States, constitutes a severe transboundary environmental hazard.
The Submitter cites provisions from the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos – CPEUM), the General Act on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente – LGEEPA), the National Waters Act (Ley de Aguas Nacionales – LAN), the Federal Act on Environmental Responsibility (Ley Federal de Responsabilidad Ambiental – LFRA), the Federal Law of the Sea (Ley Federal del Mar – LFM), the Mexican Navigation and Maritime Commerce Act (Ley de Navegación y Comercio Marítimos – LNCM), the National Code of Penal Procedures (Código Nacional de Procedimientos Penales – CNPP) , the Federal Penal Code (Código Penal Nacional – CPN), the Official Mexican Standard NOM-001-Semarnat-2021 (NOM-001), the American Convention on Human Rights (ACHR), the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador), the Rio Declaration on Environment and Development, and the 1983 La Paz Agreement.
The Secretariat will review the submission and determine, within 30 days, whether it meets the requirements of USMCA/CUSMA Article 24.27(1), (2) and (3). To learn more, please consult the registry page for the submission SEM-26-002 (Tijuana Wastewater Management).
The CEC SEM Process
The CEC Submissions on Enforcement Matters (SEM) process supports public participation in effective enforcement of environmental law in North America. If you have reason to believe that an environmental law is not being effectively enforced by Canada, Mexico or the United States, the SEM process may help address your concerns.
As of 1 July 2020, the CEC’s SEM process is governed by Articles 24.27 and 24.28 of the Environment Chapter of the free trade agreement between Canada, Mexico and the United States.
Want to learn more about the SEM process? Watch this two-minute short video about how to file a submission.
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