#RCRA

Ashley M. Gjøvik, JDashleygjovik
2024-05-23

The Judge presiding over my US Dept. of Office of Administrative Law Judges CERCLA/Superfund whistleblower case against just issued an Order granting me permission to Amend my Complaint to propose and Clean Air Act retaliation, and additional adverse actions!!!

This case arises from a complaint filed under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “the Act”), 42 U.S.C § 9610, and the implementing regulations found at 29 C.F.R. Part 24. The matter was assigned to this Tribunal on March 11, 2024, and a preliminary conference call was held on March 25, 2024, during which Complainant expressed a desire to amend her complaint. Complainant filed a Motion to Amend the Complaint (“Mot.”) on April 2, 2024, along with a Memorandum in Support of the motion (“Compl. Memo.”), a Declaration (“Compl. Decl.”), and Exhibits A through S (“Compl. Exh.”). On April 16, 2024, Respondent filed its opposition to the motion (“Opp.”), a Declaration from one of its attorneys (“Perry Decl.”), and Exhibits A through D (“Resp. Exh.”). On May 1, 2024, as part of a larger opposition to a pending Motion to Dismiss from Respondent, Complainant objected to Respondents’ Exhibits A through D. On May 10, 2024, Respondent filed a response to Complainant’s objections.1. Any proposed amendments must relate to the address noted in the initial August 29, 2021, online complaint at 825 Stewart Drive, Sunnyvale, CA, 94086; 2. Any proposed amendments with respect to alleged adverse actions must relate only to the adverse actions first alleged on August 29, 2021, of harassment/intimidation; suspension; constructive termination; and threat to take any of the above actions, but may also include the subsequent alleged termination of employment as noted in the December 10, 2021, case summary; 3. Any proposed amendments with respect to alleged protected activity must relate only to the protected activity first alleged on August 29, 2021, as detailed in the December 10, 2021, case summary; 4. Any proposed amendments alleging the violation of additional environmental statutes beyond CERCLA must demonstrate the violation of these statutes through facts alleged as governed by the above limitations and as supported by the August 29, 2021, online complaint and December 10, 2021, case summary; and 5. The proposed amended complaint may not include exhibits and may
2024-01-08

Jan 8 2024 - I just filed my #CERCLA / #Superfund Whistleblower complaint against #Apple & request for de novo hearing ☑️

I already got the: "Thank you for contacting the Department of #Labor Office of Admin Law Judges..." reply ☑️

I hiked through the snow to the mailbox & Apple's been served via paper & email ☑️

📄 Request for De Novo Hearing with Office of Administrative Law Judges + Request to Amend to Add #RCRA & Clean Air Act Whistleblower Retaliation: gjovik.co/wp-content/uploads/2

2023-12-09

@drahardja Before Before the #NationalEnvironmentalPolicyAct of 1970 (#NEPA) and the #ResourceConservationAndRecoveryAct of 1976 (#RCRA), US oversight of wastes was in the hands of the #ArmyCorpsOfEngineers & the US Public Health Service (#USPHS). The PHS was so weak that the waste industry didn’t bother to corrupt it, unlike some of their successors. They were concerned about unsafe #Garbage and #Sewage disposal practices and their impacts on waters and health. They did a study. 1/4

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