A Virginia boater is suing a Washington utility for the Potomac River sewage spill

WASHINGTON (AP) — A Virginia boater is suing a Washington water utility for negligence in the collapse of a pipe that leaked millions of gallons of raw sewage into the Potomac River.

The class action lawsuit filed Friday in U.S. District Court in Greenbelt, Maryland comes weeks after a January sewage pipe collapse, shooting wastewater out of the ground and into the river in an area just north of Washington, D.C. The spill is seen as a serious environmental blight and became the focus of political bickering between President Donald Trump and Democratic-led Maryland, where the leak occurred.

Dr. Nicholas Lailas, M.D., the plaintiff, is a Virginia resident and recreational boat user on the Potomac who is seeking compensation for people “whose property interests in and use and enjoyment of the Potomac River … have been impaired by Defendant’s conduct.”

The lawsuit alleges that it was DC Water’s responsibility as the owner and operator of the ruptured pipe, known as the Potomac Interceptor, to maintain it in a “reasonably safe condition and to prevent foreseeable harm to persons and property.”

The lawsuit said that preliminary data indicates that there are thousands of people who own property or vessels in the affected parts of the Potomac.

Andrew Levetown, an attorney for the plaintiff, said in an interview Monday that it will take time to get the full breadth of the class, with business owners, property owners and recreational users all having interest in the potential damages caused by the Jan. 19 collapse and leak.

“You’re going to have businesses who lose business because instead of sitting next to the Potomac, their clients are sitting next to the open sewer,” he said.

The suit did not specify a damage amount. DC Water did not immediately respond to a request for comment.

Washington Mayor Muriel Bowser declared an emergency Feb. 18 and requested that President Donald Trump provide federal resources to help the city fight the leak that dumped 250 million gallons of raw sewage into the Potomac River in its early stages. The president approved the emergency assistance days later to help the city address the emergency.

DC Water said it knew the pipe, first installed in the 1960s, was deteriorating, and rehabilitation work on a section about a quarter-mile (400 meters) from the break began in September and was recently completed. The pipe that ruptured was scheduled for repair this summer.

DC Water’s updates say the emergency repairs are beyond the halfway point and there are no flows into the river.

At a public briefing last week, officials with the utility said they were assessing the cause of the rupture, including whether the way the pipeline was initially constructed contributed to the emergency. David Gadis, the CEO of DC Water, said at that briefing that while it was too early to say definitively, “we are seeing indication that this incident may have been highly unusual.”