<div><strong>Litigation Fund: Environmental Citizen Suit of Illegal Semiconductor Fab Next to Homes in Santa Clara, California</strong>
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<div>Apple executives are <a href="https://www.ashleygjovik.com/3250scott.html" target="_blank" rel="noreferrer noopener">illegally operating a semiconductor fabrication</a> plant next to a large residential housing complex, senior care center, public park, grocery store, and children's playground in Santa Clara, California.
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<div>Apple reported releasing toxic chemicals like benzene, mercury, carbon monoxide, and formaldehyde into the air; but city records show even more chemical spills and leaks that were never reported to the community (including deadly phosphine, silane, and fluorine gases). The also had arsine and chlorine gases, among other extremely dangerous substances.
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<div>The US EPA <a href="https://x.com/ashleygjovik/status/1805006150410162322" target="_blank" rel="noreferrer noopener">inspected</a> Apple's plant (3250 Scott Blvd) in 2023 and <a href="https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/us_epa_rcra_-_apple_inc_-_2024_04_30_-_inspection_report_-_3250_scott_santa_clara_-_full_with_attachments.pdf" target="_blank" rel="noreferrer noopener">found extensive hazardous waste violations</a> . In June 2025, <a href="https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/3250_scott_blvd_-_apple_inc_-_us_epa_enf_action.pdf" target="_blank" rel="noreferrer noopener">US EPA notified</a> Apple they plan to take enforcement action against them over their hazardous waste operations at the plant. In addition, the Bay Area Air Quality Board has <a href="https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/nov-a64215-copy_orig.jpg" target="_blank" rel="noreferrer noopener">also cited</a> Apple for air pollution and operating without air pollution permits at the plant.
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<div>The plant never went through the normal permitting process or environmental studies, the apartment complex never included the plant in their Environmental Impact Assessment, and the City of Santa Clara covered-up reports of illness from multiple residents next to the plant. Multiple people reported chemical exposure health issues to the city government and the city did nothing.
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<div>On June 30 2025, one injured resident, Ashley Gjovik served <a href="https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/3250_scott_fab_-_sixty_day_notice_of_citizen_suit.pdf" target="_blank" rel="noreferrer noopener">sixty-day notice</a> to US EPA, Apple, city of Santa Clara, and the property owner of an incoming <a href="https://ejgreenbook.com/resources/citizen-suits/" target="_blank" rel="noreferrer noopener">Citizen Suit</a> under five federal environmental statutes. <a href="https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/gjovik_citizen_suit_service_20250731_20250718_combined_final_certified.pdf" target="_blank" rel="noreferrer noopener">Service is complete</a>. Gjovik's sixty-day notice also includes notice of a public nuisance claim against all three defendants and intention to request injunctive relief that the U.S. Court order the plant to shut down until it can come into compliance with environmental, health, &amp; safety laws -- if it can at all in that location.
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<div>The Citizen Suit lawsuit was filed on Sept. 2 2025. (Gjovik v. Apple Inc, City of Santa Clara, Khalil Jenab; <a href="https://www.courtlistener.com/docket/71272728/gjovik-v-apple-inc/" target="_blank" rel="noreferrer noopener">5:25-cv-07360,</a>District Court, N.D. California). Read the <a href="https://storage.courtlistener.com/recap/gov.uscourts.cand.455764/gov.uscourts.cand.455764.1.0.pdf" target="_blank" rel="noreferrer noopener">Complaint here</a>. 
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<div>Unless EPA or DOJ files a civil or criminal enforcement action prior, on September 1 2025 (Labor Day), Gjovik is clear to proceed with a federal citizen suit under the Clean Air Act, RCRA, Clean Water Act, EPCRA, and TSCA. Gjovik plans to file on September 2 2025 at the U.S. District Court in San Jose -- the U.S. Court closest to the facility.
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<div>There is also an ongoing Change.org petition regarding the facility and you can sign it here: <a href="https://www.change.org/p/shut-down-apple-s-deadly-semiconductor-fabrication-next-to-apartments-playgrounds" target="_blank" rel="noreferrer noopener">Shut Down Apple's Deadly Semiconductor Fabrication Next to Apartments &amp; Playgrounds</a>.
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<div>There was a rally and press conference about the facility, including about this incoming Citizen Suit, on August 16 2025. There is a <a href="https://youtu.be/TeHOyevjtuw?feature=shared" target="_blank" rel="noreferrer noopener">recording of the event</a> and it was also covered by <a href="https://youtu.be/EUXWtIPMf48?feature=shared" target="_blank" rel="noreferrer noopener">NBC Bay Area</a>.
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<div>Gjovik is currently in Chapter 7 bankruptcy due to <a href="https://www.ashleygjovik.com/" target="_blank" rel="noreferrer noopener">Apple's retaliation after she blew the whistle on </a> Apple, while still Apple's employee. Apple fired her in September 2021, accusing her of misconduct, and with the resulting ongoing <a href="https://www.ashleygjovik.com/blog/systematic-judicial-nullification-of-private-environmental-rights" target="_blank" rel="noreferrer noopener">scorched earth</a> litigation posture from Apple, the company has caused her to become unemployable and to lose all of her savings. Gjovik has no income or financial resources, and currently relies on public donations. Further, in bankruptcy, the U.S. government takes control of all pecuniary legal claims and litigation with discretion to "liquidate" in order to pay off the debtor's creditors, tying her hands with her own multi-year litigation.
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<div>Gjovik <a href="https://www.courtlistener.com/docket/70869207/ashley-marie-gjovik/" target="_blank" rel="noreferrer noopener">informed</a> the Bankruptcy Court and Office of the Trustee that she is not asking permission to file this lawsuit, as it would frustrate the Congressional intent of citizen enforcement statutes (which intend to create a citizen forcing function when the U.S. government is not fulfilling its statutory obligations and the environment and public safety are at risk), to allow DOJ to extinguish a Citizen Suit claim simply because it waited so long to act that the citizen ended up in bankruptcy.
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<div>By having the community directly fund litigation costs, this demonstrates genuine public support for environmental enforcement and ensures the lawsuit remains a citizen action rather than putting it at risk of being considered a personal bankruptcy asset. This approach protects both the Citizen Suit's legal strategy and the public interest. Further, the government taking action would eliminate the need for citizen enforcement, making this litigation unnecessary, but that has not yet occurred.
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<div><strong>Current Cost Breakdown</strong>
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<li>Federal Court Filing Fee: <a href="https://cand.uscourts.gov/about/clerks-office/court-fees/" target="_blank" rel="noreferrer noopener">$405</a> (paid!)
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<li>Service on Defendants (Apple, City of Santa Clara, Property Owner): $420 (3 × ~$140 process server)
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<li><a href="https://www.law.cornell.edu/rules/frcp/rule_4" target="_blank" rel="noreferrer noopener">Government Service</a> $TBD (Service is underway to multiple agencies and administrators and has already exceeded $400)
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<li>Document Preparation/Printing: ~$50
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<div><strong>Estimate of Total Initial Costs: ~</strong>$1,500
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<div><strong>Community Fund: </strong>This GoFundMe is exclusively for direct litigation expenses. Funds will be held in a sort of "trust" specifically for court costs for this Citizen Suit and are not planned to be used for any other purpose. Because Gjovik lives in Boston and someone will need to file the lawsuit in person in San Jose, these funds will be partially used to reimburse the individual who does physically bring the Complaint to the Clerk's office on or around September 2 2025 on behalf of Gjovik.
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<div><strong>Refund Policy: </strong>If EPA/DOJ files their own enforcement action before September 2, 2025, Gjovik will request that GoFundMe refunds all contributors to this specific GoFundMe. If you wish to support other aspects of this environmental advocacy and/or Gjovik's other activism, in addition to donating here and/or after a refund, you can find alternative platforms at <a href="https://www.ashleygjovik.com/donate.html" target="_blank" rel="noreferrer noopener">her website</a>.
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<div>Gjovik is proceeding pro se (self-represented) to minimize costs, to maintain integrity over public interest litigation, and because apparently no one else will challenge Apple or this facility. However, due to her bankruptcy she is unable to request attorneys fees or any other type of compensation or recovery in this lawsuit, so all community support is critical and appreciated.
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<div>Thank you,
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<div>-Ashley Gjovik (author of this GFM)
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<div>Boston, MA
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<div>Created: August 24 2025
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