Notice of Intent to Sue Served vs. District and EPA for Toxic Substances Control Act Violations (TSCA)
Westlake Village, CA August 19, 2014 - A notice of intent to sue was served today by Vititoe Law Group and Public Employees for Environmental Responsibility (PEER), a non-profit educational and advocacy organization, on behalf of Malibu Unites. The notice gives the Santa Monica-Malibu Unified School District and U.S. Environmental Protection Agency 60 days to remove toxic materials from Malibu Middle and High Schools and Juan Cabrillo Elementary School or face a federal lawsuit.
The notice addresses concerns of hazardous levels of polychlorinated biphenyls (PCBs) found inside classrooms and campus soils. This notice states the intent to file suit against the Santa-Monica Malibu Unified School District and the Administrator of the U.S. Environmental Protection Agency ("EPA") for failure to perform a non-discretionary duty to enforce TSCA to require the District to promptly fully identify the nature and extent of the PCBs and remove caulk in buildings and any surrounding areas containing known levels of PCBs which violate TSCA and the PCB Regulations.
"This notice is a demand that responsible officials follow the laws designed to protect our children and those that educate them," said Jennifer deNicola, President of Malibu Unites and a Malibu parent, noting that a number of parents have opted to remove their children from these public schools. "We are frustrated that the districts - and even EPA itself -- continue to disregard the law. Our children and teachers will continue to be exposed to PCBs until their sources are removed from our schools."
Malibu Unites is a non-profit organization with supporters including parents, teachers, scientists, experts and community members at the Malibu High School and Juan Cabrillo Campuses.
ABOUT VITITOE LAW GROUP:
Vititoe Law Group is a nationally recognized consumer advocate law firm located in Westlake Village, CA. The firm is focused on helping those with personal injury, mass torts and environmental legal cases. Vititoe Law Group was founded by Jim Vititoe, who played a key role the water contamination case in Hinkley, California made famous by the Academy award winning film, Erin Brockovich.