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AMERICA UNITES FOR KIDS v. ROUSSEAU

No. 16-56390, No. 19-55088.

985 F.3d 1075 (2021)

AMERICA UNITES FOR KIDS; Public Employees for Environmental Responsibility, Plaintiffs-Appellants, v. Sylvia ROUSSEAU, In Her Official Capacity As Co-Interim Superintendent Of The Santa Monica Malibu Unified School District; Christopher King, In His Official Capacity As Co-Interim Superintendent Of The Santa Monica Malibu Unified School District; Jan Maez, In Her Official Capacity As Associate Superintendent And Chief Financial Officer Of The Santa Monica Malibu Unified School District; Laurie Lieberman; Jose Escarce; Craig Foster; Maria Leon-Vazquez; Richard Tahvildaran-Jesswein; Oscar de la Torre; Ralph Mechur, In Their Official Capacities As Members Of The Santa Monica Malibu Unified School District Board Of Education, Defendants-Appellees. America Unites for Kids; Public Employees for Environmental Responsibility, Plaintiffs-Appellants, v. Ben Drati, Superintendent Of The Santa Monica Malibu Unified School District; Melody Canady, Associate Superintendent; Jon Kean; Laurie Lieberman; Craig Foster; Maria Leon-Vazquez; Richard Tahvildaran-Jesswein; Oscar de la Torre; Ralph Mechur, Members Of The Board Of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2021.

Attorney(s) appearing for the Case

Paula Dinerstein (argued), Public Employees for Environmental Responsibility, Silver Spring, Maryland; Charles Avrith , Browne George Ross LLP, Los Angeles, California; Lawrence Herbert Nagler (argued), Nagler & Associates, Santa Monica, California; for Plaintiffs-Appellants.

Kevin M. Fong (argued), Pillsbury Winthrop Shaw Pittman LLP, San Francisco, California; Mark E. Elliott and Stephanie Amaru , Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, California; for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge O'Scannlain.

OPINION

In this citizens' civil action to enforce the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2629, two environmental organizations sued administrators and board members of the Santa Monica Malibu Unified School District. Plaintiffs sought remediation of several school buildings containing...

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