America Unites Appeals Federal Court Ruling on PCB Remediation

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America Unites

President of America Unites Jennifer deNicola called the federal court ruling against Santa Monica-Malibu Unified School District a victory for the parents, kids and teachers of Malibu, but the conditions of victory have now been appealed.

Among the disputed rulings in the appeal are the standing of co-plaintiff Public Employees for Environmental Responsibility (PEER), America Unites’ ability to independently collect samples and test Malibu campuses and America Unites’ requirement to pay for their own attorneys’ fees. “The Declaration of Katie Lapajne, who identifies herself as a ‘supporter’ of PEER, but not a member, does not establish the necessary facts to support PEER’s associational standing to pursue the claims it has asserted in this action,” Federal Judge Percy Anderson wrote in the original ruling for the case on Sept. 1.

Anderson barred America Unites from collecting or testing samples from Malibu campuses unless approved by an appropriate court. 

The bulk of the court’s ruling will remain the same regardless of the outcome of the appeal.

Santa Monica-Malibu Unified School District was court ordered to complete its “Windows, Paint, Floors and Doors” project by Dec. 31, 2019. 

According to a document released by the district, the project will “necessarily remove and replace certain materials that have been the subject of concern due to the potential presence of polychlorinated biphenyls.”