Jacquelyn N’jai lived in an apartment in Pittsburgh owned by Gary and Connie Bentz from 2008 to 2012. N’jai alleged that she experienced cramping in her toes, burning in her eyes, and uncontrollable choking, coughing, and gagging because of mold and lead dust permeating the apartment. The EPA investigated the apartment at N’jai’s request and issued a notice of noncompliance to Gary and Connie Bentz for failing to disclose the possibility of lead paint in the apartment. 

N’jai subsequently filed a complaint against Gary and Connie Bentz and their real estate company, C.A. Bentz, LLC, asserting claims of negligence and breach of implied warranty of habitability, among others. N’jai also brought claims under the Toxic Substances Control Act. The district court granted the defendants summary judgment on all of N’jai’s claims and N’jai appealed. Can N’jai raise a claim under the TSCA as a private citizen? Who is able to raise claims under the TSCA?