After 19 months of advocacy to protect children and teachers from the toxic exposure of high levels of PCBs in violations of the Federal Toxic Substance Control Act (TSCA), America Unites and PEER have no other choice but to turn to the US Federal Courts. On March 23rd, 2015, a TSCA Citizen’s Suit was filed in the Federal Court of Los Angeles.
The lawsuit claims that SMMUSD is violating Federal law by continuing to use caulking containing PCBs over 50ppm. The district has tested and confirmed that caulking has levels up to 570,000ppm which is equal to 57% pure PCBs, 11,000 times the legal limit. This caulking is in arm’s reach of children. PCBs have been found in the air, dust, soil. The law requires PCBs to be immediately removed. Removal is the only action that will comply with the law and ensure protection of human health.
Please come back to this page and keep up with our efforts to protect children and teachers from PCBs in schools. Every child has a right to a great education free from toxic PCBs.
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- Pillsbury’s late reply to Notice
- AU vs Lyon Complaint
- Expedited Discovery (ED)
- SMMUSD opposition to ED
- Environ’s Dougherty Declaration for ED
- AU response to opposition
- Judge’s Decision
- AU Letter to Pillsbury for Discovery Date per Judge Decision
- AU 4-9-15 1st Request to Enter Land
- Pillsbury 4-29-15 Response: Deny Entry
- AU 5-5-15 Response and Request for Discovery Conference
- Pillsbury 5-8-15 Response to Conference
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- Notice of Preliminary Injunction (PI)
- Points & Authority of PI
- SMMUSD opposition to PI
- Environ’s Dougherty Declaration for PI
- AU response to opposition
- Judge’s Decision on PI
- Pillsbury Files Motion to Dismiss (MTD)
- AU Opposition to MTD
- AU objection to Judicial Notice on MTD
- Pillsbury Reply in Support of MTD
- Judge’s Decision Denys SMMUSD’s MTD