Federal Judge Jeffrey Miller has rejected part of the Justice Department bid to have the cross-border sewage case dismissed.
Imperial Beach, Chula Vista and the Port of San Diego allege the International Boundary and Water Commission and a civilian contractor are responsible for sewage flows that regularly foul U.S. waters.
Miller said the plaintiffs have the standing to sue over Clean Water Act violations, so that part of the lawsuit will move forward.
The ruling also rejected a bid by the contractor that runs the International Wastewater Treatment Plant, Veolia, to be excused from the lawsuit.
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However, Miller said the case is a split ruling and he did support one Justice Department request.
The judge upheld the DOJ's position that federal rules regulating hazardous waste do not apply in this case.
Miller dismissed the challenge linked to violations of the nation’s Resource Conservation and Recovery Act.
Earlier this week, Miller toured the border region to get a first-hand look at the pollution collection infrastructure on the U.S. side of the border.
