Idaho DEQ Sues Rexburg and Burley Over Millions of Gallons of Wastewater Discharged Into State Rivers
Two Idaho Cities Face Legal Action Over Clean Water Act Violations
REXBURG — The Idaho Department of Environmental Quality has filed two separate lawsuits against the cities of Rexburg and Burley, accusing both municipalities of discharging millions of gallons of untreated wastewater into Idaho waterways in violation of the Clean Water Act. The lawsuits, filed April 10, 2026, allege that the cities have repeatedly failed to comply with pollution limits, putting the South Fork of the Teton River and the Snake River at risk.
The legal action follows a February 12 letter of intent to sue filed by two non-profit organizations — the Idaho Conservation League (ICL) and Snake River Waterkeeper (SRW) — which gave both cities 60 days to discuss alternatives before litigation proceeded. When those discussions did not resolve the issues, the lawsuits moved forward.
Both cities are accused of “failing to restore and maintain the chemical, physical, and biological integrity of the nation’s waters,” according to court documents. The DEQ is now actively involved, working with both municipalities to address the violations identified in the complaints.
Rexburg Violations: Power Outages, Construction Damage, and Repeated Discharge Events
The lawsuit against Rexburg centers on the city’s wastewater treatment plant, which is designed to discharge treated municipal wastewater into the South Fork of the Teton River. During the treatment process, the plant is responsible for removing pollutants including E. coli, total suspended solids, phosphorus, chlorine, ammonia, and biochemical materials before water is released.
According to court documents, the City of Rexburg allowed the treatment plant to exceed pollutant discharge limits on approximately 13 occasions between February 1, 2024, and December 31, 2025. The DEQ alleges these violations are “ongoing, continuous, and presumed likely to continue.”
One notable incident occurred on March 17, 2024, when a clarifier at the treatment plant shut down during a power outage, allegedly resulting in 30,000 gallons of untreated wastewater being bypassed and discharged directly into the South Fork of the Teton River.
The largest alleged violation occurred on August 22, 2024, when a construction contractor working on the U.S. Highway 20 center interchange project at Exit 333 struck and damaged a main city sewer line. The incident forced Rexburg residents to limit indoor water use. According to the lawsuit, the damage to the sewer line resulted in the release of approximately 1,968,750 gallons of untreated wastewater into the construction site, along with an unknown additional amount discharged into the South Fork of the Teton River through a stormwater retention pond.
Rexburg Public Works Director Keith Davidson acknowledged the complaint in a written statement, saying the city is actively working with DEQ to resolve the identified issues. “This filing is part of an established regulatory process that allows the City and the DEQ to work collaboratively through identified issues in a structured way and define a clear path forward,” Davidson stated. “Our priority is maintaining reliable infrastructure and ensuring our wastewater systems meet applicable standards. We are committed to practical, cost-effective improvements.”
The City of Burley’s City Administrator Brett Boyer declined to comment in detail on the litigation but noted the city has “taken great efforts to meet our responsibilities concerning industrial wastewater.” DEQ Water Quality Manager Alex Bell confirmed the department is “actively working with both cities to address the issues identified in the complaint.”
Will Tiedemann, the Regulatory Conservation Associate at the Idaho Conservation League, said local governments bear direct responsibility for maintaining functional wastewater infrastructure. “Local leaders are responsible for maintaining adequate wastewater treatment plants and addressing any problems diligently,” Tiedemann said in a news release. “They have not done that here, putting the Snake and South Fork Teton rivers at risk.”
Buck Ryan, Executive Director of Snake River Waterkeeper, added that access to clean water is a fundamental community concern. “Municipal wastewater treatment plants play a critical role in protecting our water resources,” Ryan said. “Citizens can and should hold local leaders to account when they repeatedly fail to protect our communities from harmful pollutants.”
Idaho’s river systems, including the Snake River corridor that runs through Bonneville County and much of eastern Idaho, serve as critical water sources for agriculture, recreation, and wildlife habitat. Violations that introduce untreated wastewater containing pathogens and excess nutrients can have downstream consequences for communities across the region. For additional coverage of Idaho legal matters and environmental issues, visit Idaho News for statewide reporting.
Cases involving municipal accountability and public infrastructure have drawn significant attention in Idaho courts in recent months. Readers following local legal developments may also be interested in coverage of prosecutorial conduct allegations in the Compass Academy shooting case, among other active court matters in the region.
What Comes Next
Both lawsuits are now active in court. The DEQ has confirmed it is working collaboratively with Rexburg and Burley to chart a path toward compliance. Rexburg officials indicate the city intends to continue coordinating with the agency and align any required upgrades with existing infrastructure improvement plans. No trial dates or settlement timelines have been publicly announced. Bonneville County News will continue to monitor developments in both cases as they proceed through the Idaho court system.