The Honorable Judge Percy Anderson ruled that Malibu High School & Juan Cabrillo Elementary have illegal levels of PCBs.
The court found them in violation of Federal Law: Toxic Substance Control Act
The court ordered the district to remove all PCBs by 2019.
This ruling confirms how unconscionable the School District has been to spend $13 million to avoid complying with federal law
See Court Order here:
POINTS: FROM JUDGE PERCY ANDERSON:
“The Court concludes, based on common sense, that it is highly likely that the same products were used to construct each of the buildings on the Malibu Campus. As a result, for the buildings completed at the Malibu Campus prior to 1979, and at which certain locations have been tested and found to contain caulk with PCBs in excess of 50 ppm, it is more likely than not that caulk containing PCBs in excess of 50 ppm remain in “use” at the Malibu Campus in areas that have not been tested or repaired.”
“Although Defendants have removed and replaced the caulk from the specific areas and rooms identified in their testing as exceeding the 50 ppm threshold, and some other areas may have had doors and windows repaired or replaced after 1979, there is no evidence that all of the caulk in the buildings at the Malibu Campus constructed prior to 1979 has been tested or removed.”
JUDGE PERCY ANDERSON ORDERED THAT:
“Defendants are hereby permanently enjoined from using any office, classroom, or other structure at Juan Cabrillo Elementary School (‘JCES’) and Malibu Middle and High School (‘MHS’) (collectively the ‘Malibu Campus’) constructed prior to 1979 in which students, teachers, administrators, or staff are regularly present after December 31, 2019, unless all window and door systems and surrounding caulk at any such location has been replaced.”
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.
Judgment and Permanent Injunction against the Santa Monica Malibu Unified School District:
See Court Order here:
The SMMUSD Board of Education people should not be running this school district as they spent $13 million of our tax payer money to NOT-protect the teachers, to NOT-protect the students, and now that they have been proven wrong in a Court of Law, they are STILL not taking responsibility and continue to put their students and teachers at risk!
Email the Santa Monica Unified School District’s Board of Education and tell them to stop wasting our money and destroying lives:
|Oscar de la Torre
|Dr. Jose Escarce