WHY ISN’T THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT SUING MONSANTO TOO? SEE EIGHT LAWSUITS AGAINST MONSANTO FOR EXPOSURE TO PCBs IN OUR NATION’S SCHOOLS AND CITIES

Declaration of renowned PCB Expert Dr. David Carpenter confirming that PCBs at Malibu High School greatly exceed legal limits under the TSCA, and inhalation of PCB vapors constitutes a continuous hazard to teachers and students:

See pdf copy of Dr. David Carpenter’s Declaration:

DECLARATION OF RENOWNED PCB EXPERT DR. DAVID CARPENTER

CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS

  • 6 teachers with thyroid cancer;
  • 4 alumni  (28-year-old)with thyroid cancer;
  • 1 current student with thyroid disease, possible thyroid cancer
  • 25 teachers with thyroid disease (including 14 of 30 Malibu Middle School teachers);
  • 10 alumni in their 20s with thyroid disease;
  • 1 alumni (22-year-old) with environmentally induced melanoma;
  • 2 current teachers with environmentally induced melanoma;
  • 1 teacher hospitalized from an environmentally-induced rash;
  • 1 current student with an environmentally-induced rash lasting several months
  • innumerable cases of headaches; persistent rashes; daily migraines; infertility issues; hair loss; immune issues; respiratory issues; and diabetes.

The attached Declarations from Malibu High School teachers Katy Lapajne and Lisa Lambert includes evidence from 33 other Malibu High School teachers that the Santa Monica Malibu Unified School District (SMMUSD) is not complying with their Best Management Practices (BMPs) and is in violation of the EPA Region 9’s guidelines.

See pdf copies of the Declarations from two Malibu High School Teachers:

DECLARATION OF MALIBU HIGH SCHOOL TEACHER KATY LAPAJNE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER LISA LAMBERT

See Video of Several Malibu High School Teachers’ Plea to the SMMUSD’s Board of Education for PCB-free Classrooms:

See YouTube Video here:

https://youtu.be/UYn6RZA0l9k

See YouTube Video here:

The attached declaration from Malibu High School Parent Matt DeNicola declares that former SMMUSD Board of Education member Ben Allen, now California State Senator Ben Allen admitted in September 2014 that the SMMUSD Board of Education chose not to test for PCBs, because they knew that they would find illegal levels of toxic PCBs and be forced to remove them under the TSCA. (See Matt DeNicola Declaration, pg. 1, paragraph 2)

DECLARATION OF MATT DENICOLA RE CALIFORNIA STATE SENATOR BEN ALLEN

See Declaration from Malibu High School Teacher Carla Bowman Smith declaring that Malibu High School’s condition is horrific, and is infested with rats, feces and urine:

DECLARATION OF MALIBU HIGH SCHOOL TEACHER CARLA BOWMAN SMITH

Parents battle district over toxic PCBs in Malibu public schools

For details, go to:

http://www.scpr.org/news/2016/03/03/58118/parents-battle-district-over-toxic-pcb-s-in-malibu/

Malibu Schools Drain $8 Million From SMMUSD In Legal Fees

For details, go to:

http://www.smmirror.com/articles/News/Malibu-Schools-Drain-8-Million-From-SMMUSD-In-Legal-Fees/45152

 

SEE THE FOLLOWING EIGHT LAWSUITS AGAINST MONSANTO FOR EXPOSURE TO PCBs IN OUR NATION’S SCHOOLS AND CITIES

1. TOWN OF PRINCETON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY’s July 1, 2015 Complaint;

2. TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, & SOLUTIA INC.’s May 7, 2014 Complaint;

3. TOWN OF LEXINGTON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY’s September 4, 2012 Complaint:

4. City of San Diego’s March 13, 2015 Complaint against Monsanto for San Diego Bay contamination caused by exposure to PCBs. Monsanto knew that PCBs were toxic and Monsanto concealed this information and increased production of these profitable compounds;

5. City of San Jose’s July 8, 2015 Complaint against Monsanto for storm water contamination caused by exposure to PCBs. Monsanto knew that PCBs were toxic and Monsanto concealed this information and increased production of these profitable compounds;

6. City of Spokanes’s July 31, 2015 Complaint against Monsanto for decades of PCB poisoning. Monsanto knew that PCBs were toxic and Monsanto concealed this information and increased production of these profitable compounds;

7. City of Oakland’s November 10, 2015 Complaint against Monsanto for decades of PCB poisoning. Monsanto knew that PCBs were toxic and Monsanto concealed this information and increased production of these profitable compounds;

8. CITY OF SEATTLE’s January 25, 2016 Complaint against MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA Over PCB Chemicals Fouling the Duwamish River;

1. TOWN OF PRINCETON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY
The lawsuit alleges that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.

2. TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, & SOLUTIA INC., et al

https://lawofficesofbarryfagan.files.wordpress.com/2014/08/docs-20009344-v1-complaint_-_original_file_stamped.pdf

http://www.jdsupra.com/legalnews/complaint-against-monsanto-re-exposure-78358

Monsanto’s Answer to the Town of Westport’s Complaint. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-83

http://www.jdsupra.com/legalnews/monsantos-answer-to-the-town-of-wesport-84120/

3. TOWN OF LEXINGTON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY

See Town of Lexington’s Complaint against Monsanto. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-84

http://www.jdsupra.com/legalnews/the-town-of-lexingtons-complaint-agains-87554/

4. CITY OF SAN DIEGO vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

http://www.jdsupra.com/legalnews/the-city-of-san-diegos-complaint-agains-76150/

5. CITY OF SAN JOSE vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

http://www.jdsupra.com/legalnews/the-city-of-san-joses-complaint-against-66637/

6. CITY OF SPOKANE vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

http://www.jdsupra.com/legalnews/the-city-of-spokane-has-sued-monsanto-fo-39589/

7. CITY OF OAKLAND vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

The City of Oakland Sues Monsanto and Pfizer For PCB Contamination of the San Francisco Bay

http://www.jdsupra.com/legalnews/city-of-oakland-ca-sues-monsanto-and-pf-04007/

8. CITY OF SEATTLE vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA

Complaint against MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA Over PCB Chemicals Fouling the Duwamish River;

http://www.jdsupra.com/legalnews/seattle-sues-monsanto-over-pcb-chemicals-38868/

All of These lawsuits allege that Monsanto knew then that PCBs were toxic and could not be contained as they readily escaped into the environment finding their way into bays, oceans, lakes, rivers, streams, soil, and air. Although Monsanto recognized internally that PCBs were becoming “a global contaminant,” Monsanto concealed this information and increased production of these profitable compounds.

Sources:

Links to Hartford, CT News Articles:

Hartford School District, CT has discovered PCBs in their schools, has removed children and closed the school until they find a remedy.

http://www.wfsb.com/story/27901372/parents-expected-to-learn-more-about-toxic-compounds-in-hartford-school

http://touch.courant.com/#section/-1/article/p2p-83034403/

Links to Town of Princeton News Article:

http://m.telegram.com/article/20150702/NEWS/150709696

http://www.thelandmark.com/news/2013-01-24/Princeton_News/Princeton_joins_PCB_lawsuit.html

Link to City of Spokane News Article:

http://www.alternet.org/environment/city-spokane-has-sued-monsanto-decades-pcb-poisoning?akid=13381.59867.Ab5Jqq&rd=1&src=newsletter1040866&t=21

Examples of other School District where PCBs were above the legal limits, and as a result were removed by those school districts and not left in place:

Lexington, CT: approx. 37,000 ppm (built a new school rather than remove)

P.S.199 Manhattan, NY: wall panel corridor 217,000 ppm (was removed)

Brooklyn, NY corridor display case: 440,000 ppm (removed)

Mandatory Testing for PCBs in Schools:

http://www.pcbinschools.org/#!pcb-legal-actions/cp6k

See the March 26, 2013 opinion of District Court Judge Sterling Johnson Jr. concerning PCB litigation in New York State:

“With the cognitive development of children at stake, it would have been refreshing to see humanitarian concerns trump the compulsion to delay litigation with quite so many spurious arguments. But some dreams remain deferred.”

http://media.wix.com/ugd/561311_431920787e0341dfba8abaf1f68d6ce5.pdf

MONSANTO FACTS

The below listed links shows that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.
1. Monsanto’s internal records from the Anniston court case:
2. Monsanto tells their employees they cannot each lunch in aroclor process department because vapors could contaminate food, get on hands and ingest. Monsanto has no way to counter claims based on the current literature claiming PCBs are toxic if ingested or inhaled. 
3. The US Navy told Monsanto in 1957 that they would not use their products with aroclors in their subs because they were too toxic. The Navy did a study on rabbits and they developed “definite liver damage”. This was at .2 ppm for 24 hours a day for 50 days:
4. Monsanto’s response to the US Navy:
5. Two men inhale PCBs from a broken pipe and develop symptoms of hepatitis:
6. PCBs as plasticizers are dangerous to touch. Monsanto says they have done inhalation studies and if sufficient material were inhaled liver problems would occur:
7. Monsanto memo tells sales people to persuade customers to keep 1254:
8. Monsanto knew that the continued use of 1254 is hazardous:
9. Monsanto’s defense strategy:

10. Monsato’s Q & A in 1979:

“There is no safe level of PCBs. All they do is cause harm. They increase the risk of a great number of diseases, and the one that’s of most significance in a school is that they’re known to reduce cognitive function — learning and memory. And that’s the last thing you want in a school.” David O. Carpenter, M.D., director of the Institute for Health and the Environment at the University at Albany.

“PCBs are dangerous chemicals … even low concentrations of PCBs in air constitute an important route of exposure and disease, especially if the exposure is prolonged,” Dr. David Carpenter, director of the Institute for Health and the Environment at the University at Albany-SUNY.

See Expert Opinion and Peer-Reviewed Study of Dr. David Capenter Re: PCBs in Malibu Schools:

Report of Expert Carpenter, MD-1

Dr. David O. Carpenter
Exposure to and health effects of volatile PCBs

385.__volatile_pcbs

The Santa Monica Malibu Unified School District’s Superintendent Sandra Lyon has spent over $8 million tax payer dollars to avoid a proper investigation and remediate all of the illegal levels of PCBs.

The SMMUSD appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

The Santa Monica-Malibu Unified School District Superintendent Sandra Lyon has thereby put the health of her students and teachers at risk.

IT’S TIME TO FIRE THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT’S SUPERINTENDENT SANDRA LYON

See link to Change.org Petition:

https://www.change.org/p/the-santa-monica-malibu-unified-school-district-s-board-of-education-it-s-time-to-fire-santa-monica-malibu-unified-school-district-s-superintendent-sandra-lyon

Santa Monica Malibu Unified School District Board of Education’s Errors in Judgment:

Superintendent Sandra Lyon Receives a Three Year Contract Extension:

Despite all of the above facts, on July 15, 2015 the Santa Monica Malibu Unified School District’s Board of Education has awarded Superintendent Sandra Lyon with a new three year Contract.

Santa Monica-Malibu Unified School District Superintendent Sandra L. Lyon was granted a new three-year contract Wednesday, raising her salary to $239,200 annually, among the highest in California. Sandra Lyon’s total compensation including fringe benefits is hard to determine, although it was put at $282,030 in 2013, according to Transparent California, a website that tracks salary and other compensation for public employees throughout the state.
For details, go to:

See pdf copy:

IT’S TIME TO FIRE SMMUSD’S SUPERINTENDENT SANDRA LYON

Email the Santa Monica Unified School District’s Board of Education:

brd@smmusd.org

Oscar de la Torre
odelatorre@smmusd.org
Dr. Jose Escarce
jescarce@smmusd.org
Craig Foster
cfoster@smmusd.org
Maria Leon-Vazquez
mlvazquez@smmusd.org
Laurie Lieberman
President
llieberman@smmusd.org
Ralph Mechur
Vice President
rmechur@smmusd.org
Dr. Richard
Tahvildaran-Jesswein
rtahvildaranjesswein@smmusd.org
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