Recent federal judicial decisions in Gjovik v. Apple Inc. (3:23-cv-04597, Northern District of California) represent a systematic judicial assault on federal environmental enforcement authority and constitutional due process protections. Through procedural manipulation disguised as case management, the defendant (Apple) and District Judge (Judge Edward Chen) created a framework that effectively immunizes corporate polluters from toxic tort liability while denying citizens fundamental constitutional rights. These decisions threaten to undermine decades of environmental protection law and federal enforcement capabilities. The implications of these decisions extend far beyond a single case, establishing precedent that could effectively eliminate private enforcement of environmental violations while creating procedural mechanisms for corporate defendants to escape liability through systematic rule manipulation.

​The timeline also reveals the decision's direct conflict with federal enforcement priorities. After plaintiff's investigation revealed potential violations at Apple's semiconductor facility, her June 2023 EPA complaint triggered federal enforcement investigation at the site. The EPA's response validates that plaintiff's concerns warranted regulatory attention (precisely the type of citizen enforcement mechanism Congress intended to encourage through environmental statutes). Chen's decision penalizes the thorough investigation that led to federal enforcement action, essentially ruling that plaintiff should have filed suit before conducting the due diligence that revealed actionable violations and prompted EPA intervention.

On May 20 2024, Chen ruled on a Motion to Dismiss and decided to allow Gjovik's environmental claims to move forward. Then, despite previously approving the claims, on October 1 2024, Chen dismissed the same environmental claims with leave to amend, specifically instructing Gjovik to plead "inability to have made earlier discovery despite reasonable diligence." Then, on February 27 2025, after Gjovik amended as instructed, Chen dismissed the same claims with prejudice using an entirely different legal standard based on judicial notice of public documents.

In response to Apple's fifth 12(b)(6) motion, Chen took judicial notice of Apple's own regulatory documents and then made factual determinations about what "reasonable inquiry" would have reveal and what that inquiry would have consisted of. Chen then also resolved disputed questions about reasonable diligence without testimony or discovery, and concluded any factual conflict in pleadings with deference to the defendant's unsubstantial claims. Chen also denied the plaintiff the right to develop factual records on questions traditionally reserved for juries. 

Chen's use of judicial notice transforms regulatory filings from compliance documentation into litigation weapons. Corporate defendants can now attach their own permits and emission reports to motions to dismiss, arguing these documents establish liability notice regardless of content or interpretation complexity.  Chen's reasoning would also eliminate discovery rule protection for anyone living near industrial facilities.

​This circumvents normal discovery processes where federal agencies could provide context about regulatory compliance, violations, and enforcement priorities. The procedure denies federal prosecutors potential cooperation from private litigants who might develop evidence useful in criminal enforcement actions. By cutting off civil discovery, Chen's approach limits the factual development that often supports federal prosecutions. Worse, he made this decision while knowing the US EPA was investigating Apple's activities at this site and he also refused to take notice of the plaintiff's request for Judicial Notice with those federal public records. 

​Chen identified that CERCLA § 9658 preempts state discovery rules for toxic exposure cases. However, his application fundamentally misinterprets federal policy. The provision exists to ensure adequate time for complex environmental investigations; not to accelerate dismissals based on industrial permit availability. Chen's reasoning converts federal preemption from a plaintiff protection into a corporate shield, inverting Congressional intent to provide adequate investigation time for environmental claims.

Chen's implicit reasoning also creates discriminatory limitation periods based on technical knowledge. This is a particularly problematic precedent for environmental enforcement. This professional expertise penalty would deter environmental professionals from residing near industrial areas and discourage the technical knowledge crucial for environmental enforcement. Under this framework:

• EPA employees living near industrial facilities face shortened limitation periods
• Environmental consultants must proactively investigate nearby operations
• Engineers and scientists bear investigation duties beyond those of other citizens

These standards make environmental protection impossible by requiring either universal technical expertise or prophylactic litigation based on the mere existence of permitted industrial activity.

​Chen also applied the 2-year toxic exposure statute (§ 340.8) while completely ignoring the 3-year property damage statute (§ 338(b)) that would have protected Gjovik's property damage claims. This selective statute application demonstrates systematic bias toward the shortest possible limitations period and is not supported by existing law or public policy.

Further, Chen entertained Apple's successive motion based on speculative "judicial economy" concerns arising out of the expectation that Apple would engage in Rambo litigation. Chen even acknowledged that Rule 12(g)(2) "does lend support to Ms. Gjovik's position,"  but proceeded anyways. This reasoning nullifies Rule 12(g)(2) entirely by allowing defendants to always claim future filing opportunities, and to reward them for litigation misconduct. He further justified his actions post hoc by claiming he was able to find more claims he could dismiss at his discretion (not on the merits), which is not the legal standard. 

The plaintiff objected to these issues, and catastrophic legal implications, in her filings and during oral arguments. Apple's legal counsel consisted exclusively of Big Law employment litigation defense counsel, including multiple partners specialized in defending large corporations from retaliation and discrimination claims, and did not include any environmental attorneys. Apple's counsel also affirmatively told the court that Apple was not under investigation for environmental issues at the site, when Apple was under active US EPA investigation and enforcement. 

The impact of Chen's decision specifically eliminates the discovery rule for private tort remedies and incentivizes defendants to engage in criminal obstruction until the statute of limitations expires. This also creates a bifurcated enforcement system where, upon successful concealment by the defendant, environmental violations can only be addressed through federal citizen suit mechanisms with limited injunctive relief, not through state tort law with damages liability. This bifurcation reduces deterrent effects by eliminating corporate financial liability while preserving only prospective equitable remedies, and requiring uncompensated labor by victims to enforce and obtain financial penalties to be charged against wrong-doers, but only paid to the U.S. Treasury. 

Judge Chen also dismissed the plaintiff's environmental tort claims as time-barred while simultaneously allowing her crime victim retaliation claims to proceed, while both are based on the overlapping and related misconduct by Apple Inc. The same judge who created multiple unconstitutional loopholes to shield Apple from tort liability also found that Apple's conduct appeared to present a strong enough case for criminal charges, as to support Labor Code protections for crime victims arising out of the same facts.

At the same time, Chen also refused to acknowledge plaintiff's arguments that during the same time period that Apple claims she should have discovered their activities, Apple was actively retaliating against her, engaged in criminal witness intimidation and tampering, attempted to coerce her into an undervalued settlement of all claims while concealing what they did to her and prior to firing her, Apple made false and misleading statements to her and the government about their activities at the facility, and that she has inherent claims to crime victim restitution regardless of the form of the cause of action.

​Chen did not even address these arguments and his decision implies that even if an employee is a victim of criminal environmental conduct by their employer, that employer can avoid claims about the underlying harms through otherwise criminal retaliation, harassment, and obstruction in order to conceal their misconduct until the expiration of the statute of limitations.
​
The Ninth Circuit's repeated refusal to review final judgments on these dismissed environmental claims also violates established appellate jurisdiction principles while creating complete procedural blockade for pro se crime victims. Constitutional violations become unreviewable while precedent harmful to private environmental rights becomes entrenched. This appellate denial particularly harms federal enforcement interests by preventing correction of decisions that undermine private environmental rights that complement federal enforcement capabilities.

Chen's framework provides corporate defendants with a replicable strategy for escaping environmental liability, even if they did not engage in the same earlier criminal conduct and cover-up that Apple did:

1. File successive motions to dismiss despite procedural waivers
2. Attach own regulatory compliance documents and seek judicial notice
3. Argue document availability equals liability notice regardless of content
4. Force impossible pleading standards on complex liability theories
5. Secure dismissal with prejudice and fight any attempt to appeal 

This framework threatens to eliminate any statute of limitations tolling for private environmental tort liability from any industrial facility with public regulatory filings. It also invites corporate defendants to undertake the same witness intimidation and obstruction that Apple did, in order to prevent victims from filing claims prior to the expiration of statute of limitations.

Federal agencies should clarify that regulatory filing availability does not create immunity from private tort liability for environmental violations. EPA should issue guidance clarifying that citizen investigation and complaint processes support federal enforcement authority, and that the federal discovery rule preempts Chen's rogue decision. Federal prosecutors should also prioritize cases involving facilities where citizen complaints have been dismissed under similar reasoning to demonstrate federal commitment to environmental protection. ENRD should consider amicus briefing in any future cases or appeals under Chen's theories, in order to clarify federal enforcement priorities and preemption scope.

Gjovik v. Apple Inc. represents systematic judicial nullification of private environmental rights through Apple's procedural manipulation. Chen's framework threatens to eliminate tolling for private tort liability and serves as a warning that a well-resourced defendant's sophisticated and malicious case management strategy can sabotage entire statutes. Federal intervention is necessary to prevent this precedent from destroying private environmental remedies that support broader enforcement goals, to provide essential deterrent effects against corporate environmental violations, and to hold Apple and their counsel accountable for making these bad faith arguments and obstructing an appeal that could have corrected this untenable and catastrophic outcome.

​-Ashley 

Published: August 24 2025

On May 7, 2025, I filed a motion for injunction pending appeal with the United States Court of Appeals for the Ninth Circuit in Gjovik v. Apple. The motion seeks immediate protection from further discovery and litigation conduct by Apple Inc. while my appeal is pending, particularly in light of serious issues involving crime victims' rights, retaliation, and ongoing constitutional and statutory violations.

This motion follows the district court’s dismissal of claims involving racketeering (RICO), toxic exposure, intentional infliction of emotional distress, and violations of the Crime Victims' Rights Act (CVRA) and California’s Unfair Competition Law (UCL). My appeal challenges, among other things, the court’s denial of injunctive relief sought under the CVRA and UCL.

Pending that appeal, I am now seeking interim protection under Federal Rule of Appellate Procedure 8(a)(2) and Federal Rule of Civil Procedure 62(c), which allow courts to preserve the status quo during an interlocutory appeal. I have also invoked 18 U.S.C. § 3771(d)(3), which expressly provides victims of federal crimes the right to seek immediate relief from a court when their rights are being denied.

The motion outlines how Apple’s current conduct—particularly discovery demands seeking trauma-related medical records, witness information, and other invasive inquiries—poses an immediate risk of irreparable harm, including retraumatization and unlawful retaliation against a federally protected whistleblower and crime victim.

The legal grounds for the injunction include:

• The CVRA, which provides crime victims the right to be reasonably protected from the accused and to be treated with fairness, dignity, and respect;
• Marsy’s Law, under Article I, § 28 of the California Constitution, which mirrors those protections at the state level;
• 18 U.S.C. §§ 1512, 1513, 1514, and related provisions prohibiting witness tampering and retaliation;
• Established Ninth Circuit precedent confirming that injunctions are appropriate to prevent coercion or procedural abuse.

The relief requested is narrow: to temporarily stay discovery and related retaliation until the Ninth Circuit rules on the underlying appeal, which directly raises these protective issues.

This case raises significant questions regarding the intersection of corporate retaliation, discovery abuse, and statutory rights afforded to crime victims and whistleblowers. Allowing discovery to proceed in this context—while the lawfulness of that discovery is on direct review—would not only risk further harm to the Appellant, but also contravene the statutory mandates of the CVRA and undermine the integrity of the appellate process.

This motion is not about delay; it is about ensuring that litigation does not become a tool of continued intimidation or retaliation. It is also about enforcing clear and enforceable rights guaranteed to victims under federal and state law.

The Ninth Circuit docket is here: 
https://www.courtlistener.com/docket/69805803/gjovik-v-apple-inc/

A copy of the motion is directly available here:

I’m excited to share a significant legal victory in my lawsuit against Apple Inc. On Feb. 27 2025, the U.S. District Court for the Northern District of California issued a ruling allowing numerous retaliation claims and labor law violations to move forward, including claims under California whistleblower laws, workplace safety statutes, and employment retaliation protections. The court also confirmed that I can seek special damages (penalties) for many of these claims—an uncommon decision for an individual lawsuit.

You can read the full decision here: Court Decision

In a landmark decision, the court ruled that my retaliation claim under California’s Crime Victim Protections (Labor Code § 230(e)) can proceed. This could be the first lawsuit to successfully invoke crime victim protections in a workplace retaliation case.

The Crime: Apple’s Environmental Violations Nearly Killed Me
At the core of this claim is Apple’s secret semiconductor fabrication facility in Santa Clara, CA. The facility illegally vented hazardous and carcinogenic chemicals into the air near my apartment in 2020, causing severe health issues that nearly killed me. I later discovered that Apple was responsible and had actively concealed its involvement.

When I reported the exposure and began advocating for environmental justice, Apple retaliated against me. They placed me under surveillance, harassed me, obstructed my career, and ultimately fired me. The California Crime Victims laws protect employees from retaliation for reporting violent crimes or cooperating with authorities regarding violent crimes. My case is one of the first to argue that environmental crimes—especially those that endanger human life—fall under these protections.
​
California law recognizes that workplace safety and environmental violations can be criminal offenses (Cal. Penal Code § 387, 6423; Health & Safety Code §§ 42400.3, 42400.5). My argument was simple: Apple nearly killed me, I fought back, and they retaliated against me for it. The court agreed that I have a viable claim.

Another major win in this decision is that the court is allowing special damages (penalties) for Apple’s labor law violations—something usually reserved for enforcement actions by the California Division of Labor Standards Enforcement (DLSE) or Private Attorneys General Act (PAGA) cases. This means that I, as an individual plaintiff, can seek penalties against Apple for violating whistleblower protections, workplace safety laws, and retaliation prohibitions.

This ruling could set an important precedent for future individual lawsuits against corporate employers. Traditionally, penalties for individual labor violations have been regarded as something the state would enforce, but this decision recognizes the right of individual employees to seek penalties when they have been harmed.

In addition to this major victory, I already have an appeal pending before the Ninth Circuit Court of Appeals. My existing appeal challenges the lower court’s prior rulings on injunctions, collateral orders, and procedural dismissals of several claims. With this latest decision, my Intentional Infliction of Emotional Distress (IIED) and Toxic Tort claims have now been dismissed with prejudice, meaning they are final and ripe for appeal. This allows me to expand my Ninth Circuit case to challenge the wrongful dismissal of those claims.

These claims are critical because they address Apple’s extreme and outrageous misconduct, including the severe emotional distress I suffered due to Apple’s retaliation, surveillance, harassment, and environmental exposure. The toxic tort claims also hold Apple accountable for the illegal semiconductor fabrication facility that led to my life-threatening chemical exposure in 2020.

This development strengthens my appeal and gives the Ninth Circuit the opportunity to review and overturn these dismissals, ensuring that all of my claims receive the full legal consideration they deserve. Stay tuned for more updates on the ongoing litigation at both the district court and appellate levels!

​Ninth Circuit Case Docket: Gjovik v Apple

This ruling paves the way for trial and further discovery in my case. Apple has been fighting to shut this lawsuit down since day one, filing multiple motions to dismiss and attempting to block evidence. But with each step, the court has reaffirmed the strength of my claims.

As we move forward, I will continue advocating for:
- Corporate accountability for environmental crimes and workplace retaliation
- Stronger legal protections for whistleblowers and crime victims
- Justice for those harmed by Apple’s unlawful practices

I appreciate the support from everyone following this case! Stay tuned for more updates as we push forward.
🔹 Case Docket: CourtListener Docket
🔹 Read the Court Decision: PDF

Apple had filed an opposition to my appeal of the U.S. Dept. of Labor toxic waste whistleblower case & reading Apple's response, and having to respond to it, was just as enjoyable as stabbing pencils into my eyes. You can read that here.

I filed my Reply to U.S. Dept. of Labor on Nov. 6 2024, cutting it close at literally midnight - but getting it in. US Dept. of Labor accepted it later that day.

U.S. Dept. of Labor ARB appellate reply:

It's official! My U.S. Dept. of Labor ARB appellate brief was accepted! 

You can read the final Ashley Gjovik v Apple Inc, Superfund whistleblower, appellate brief here.

​The U.S. Dept. of Labor ARB also issued an Order formally approving the appeal request and issuing a briefing schedule. I filed a Notice of Pendency in the civil lawsuit for our Case Mgmt Conference tomorrow. You can read the full Order in the filing here.

The recording of my LaborFest 2024 talk about Apple, hazardous waste, semiconductor fab, & workplace safety is now posted! Check it out! 

From the YouTube description:

"Apple in Santa Clara has illegally built a fabrication facility next to residential apartments in Santa Clara and has flagrantly violated EPA and other local and state  regulations in the operation of this facility. Ashley M. Gjøvik is a former Apple senior engineering program manager who  discovered that her office was above a contaminated dump site that was allowing fumes to enter the office and that her home was also located next to the illegal  Apple fabrication facility that was contaminating the Santa Clara neighborhood. When she blew the whistle she was targeted and terrorized by Apple in order to shut her down. She is now fighting Apple in Federal Court and filed a  RICO suit against Apple for its illegal activities. She also discovered that the oversight agencies which are supposed to protect her and the public have been captured by Apple and the corporations that they are supposed to be regulating. This presentation was made on July 21, 2024 as part of LaborFest.net which commemorates the 1934 San Francisco general strike  during the month of July and was also sponsored by WorkWeek. 

On March 27 2024, the US Department of Labor OALJ Administrative Law Judge issued an order setting the trial date for my Superfund / CERCLA whistleblower trial.

"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 case has been assigned to...  U.S. Department of Labor, for hearing and decision.... A virtual formal hearing in the above-captioned proceeding will commence at 10:00 A.M. Eastern Time during the week of March 3, 2025..."

View the order below.

On March 10 2024, Ashley submitted a community stakeholder interview record to the US EPA and USACE for the Five Year Review process at the Triple Site in Sunnyvale, California.

Read the submission here: ​​https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/us-epa-fyr-triple-site-gjovik-interview-final-full.pdf

On January 19 2024, Gjovik's CERCLA/Superfund whistleblower retaliation case was docketed with the US. Dept. of Labor Office of Administrative Law Judges as Ashley Gjovik v Apple Inc, 2024-CER-00001 and assigned to the Boston court house.

​View PDF of docketing order.2PD42024-CER-00001-CER-00001

On January 8 2024, Ashley Gjovik appealed her US Department of Labor CERCLA charge to the US Department of Labor Office of Administrative Judges and requested a de novo hearing on the record. 

View the request here: gjovik.co/wp-content/uploads/2024/01/US-DOL-OALJ-Gjovik-v-Apple-CERCLA-RCRA-CAA.pdf

Ashley also requested an amendment to add RCRA and Clean Air Act charges as well, to capture what Apple did to her with their secret semiconductor fab exhaust in 2020.

On August 29 2021, Ashley filed a complaint to the US EPA about Apple, the TRW Microwave Superfund site, and the cracks in the foundation.

Due to Gjovik's disclosures, the US EPA inspected the site and found a number of CERCLA issues that required oversight for multiple years after.