Christie Todd Whitman Not Liable For Telling Residents That World Trade Center Air Was Safe To Breathe, Judge Rules

NEW YORK — Former EPA chief Christine Todd Whitman cannot be held liable for telling residents near the World Trade Center site that the air was safe to breathe after the 2001 terrorist attacks, a federal appeals court said Tuesday.

The 2nd U.S. Circuit Court of Appeals said Whitman's comments reassuring people about the safety around the site apparently were based on conflicting information and reassurances by the White House.

The appeals court said legal remedies are not always available for every instance of arguably deficient governmental performance.

It said nothing in the lawsuit "alleges that any defendant intended to injure anyone" and noted that Congress established a special fund after the attacks to provide damages to people who were injured.

A Department of Justice lawyer had argued late last year that holding the former head of the Environmental Protection Agency liable would set a dangerous precedent in future disasters because public officials would fear making public statements.

The ruling came in response to a lawsuit by residents, students and workers in lower Manhattan and Brooklyn who said they were exposed to hazardous dust and debris from the fallen twin towers after Sept. 11.

The plaintiffs alleged that Whitman and EPA officials acting on her behalf made statements about air quality that failed to report or misrepresented health risks associated with the dust from the ruined skyscrapers.

They said Whitman, who also is a former New Jersey governor, should be forced to pay damages to properly clean homes, schools and businesses.

A lower court judge had earlier refused to dismiss Whitman as a defendant, saying her actions were "conscience-shocking."

Yusill Scribner, a spokeswoman for government lawyers, said there was no comment on the decision. A lawyer who argued before the appeals court for the plaintiffs did not immediately respond to a call seeking comment.

Comments

[sebocd]

Department of Justice lawyer had argued late last year that holding the former head of the Environmental Protection Agency liable would set a dangerous precedent in future disasters because public officials would fear making public statements.

Ergo: "Better to misspeak than to have never spoken at all."

George W. Bush: "And you thought immunity was just about the measles?"

Dick Cheny: "You volunteered. Stop your whinning."

Rudy G. "I spent more time there then you. I'm o.k. You're o.k.

Pope Benedict XVI: "No wonder I haven't felt well since Sunday."

John McCain: "And who may I ask is Alberto Gonsalez."

[procrustes]

Like, duhuuuh, dude.

[DELICIOUS]

GOOD JOB BROWNIE!

[batgirlevi]

Ick.

[guntotinganglion]

Give that lady the Presidential Medal of Freedumb!

[imajoebob]

A correct, though unfortunate ruling. Governments are allowed to make mistakes, no matt how egregious, without being held liable. This is to prevent infinite lawsuits for anything and everything. Else, everyone would sue because the road they live on is rough, which makes them realign the steering more often than expected. It even covers stupid decisions, so long as they are made in good faith, as the judge believed Whitman did.

The judge did not say Whitman was correct in her assessment or actions, just that she was not liable for them. On the other hand, if the White House knew or had reason to believe there was a real danger, then they can be held liable for willful misconduct (the only way to hold government officials liable).

But, much as I hate to suggest it, I don't think W would have spent any time - or at least as much - if they believed there was even a small chance that there was dangerous asbestos or other matter in the air. He's an Idiot, but he's not that stupid.

[syllepsis]

W did not spend enough time with his bullhorn to endanger himself, and you know it. We are talking about long term exposures. And really this ruling is defying credibility when (on pp.17-18) it says that she may not have been a "competent administrator," but then again, she had 17,000 employees to manage! In fact the judge recognizes the weakness of this claim when he says that "ARGUABLY (emphasis added) inadequate management­... is not a basis for constitutional tort liability.­" Why not? Because although there were numerous reports (cited by the judge, including the startling report that "most of the dust was as alkaline as ammonia and some of the dust was as caustic as liquid drain cleaner") that the air was not safe, Whitman, in that labyrinthine bureaucracy of 17,000, may not have heard them when she wrote her reassuring press releases. (I may have read that "arguably" incorrectly; maybe the judge intended to say that her inadequacy was arguable, not the basis for liability itself. If so, that is because her "inadequate magement" is one thing that is not arguable.)

[ShawnMichel]

The corporatist legal system once again vindicates one of their own.

And who says this isn't a democracy?

[chappelforpres]

"You slobs want what??? Accountability? Transparency? An independent judiciary?
What are you? A bunch of leftist anarchists?

Dick,...ca­n you believe these people?
Thank God they appointed us president"

[wilburbudd]

Of course the judge did; WHAT did you expect? But she IS. And so is Bush. And, in my opinion, so is Cheney, Rumsfeld, ashcroft, and the rest of those jerks (off), just as sure as if they had flown the planes themselves. So FAR -- THEY have been the sole benificiaries of those terrible events. Not even Bin Laden and Al Qaida have profitted as much.

[Skyhawk]

I'm shocked I tell you. Shocked. Not one damn of these freaks will be held accountable.

[ruyen]

Expected, not shocking.

[andyboy]

A Department of Justice lawyer had argued late last year that holding the former head of the Environmental Protection Agency liable would set a dangerous precedent in future disasters because public officials would fear being held accountable for the lies they have to tell.

Ms. Whitman was ebullient as she mugged for the camera saying "Nah Nah Nah Nah Nah You can't get me! I'm a big fat liar!"

When asked where she found the courage to lie so convincingly to her fellow Americans she replied:

"Oh it was easy. I have lot's of practice you know. And really it takes no talent to lie"

[helonias]

She had a lot of practice lying to the citizens of NJ

[helonias]

So where does the buck stop?

[iheardthisbefore]

The slime queen gets away with murder,
JUST LIKE HER BOSS...the WAR CRIMINAL.

[Pookie2112]

Gee, let me guess - she was only "following orders." IMO, every single person involved with the Monkey Boy Admuddlestration ought to be tarred, feathered and strung up by their wee balls (come on, like Mann Cooter, Whitman's got that "manly" thing going on ...)

[Chavez08]

This is the justice you get when the Supreme Court is stocked full of Cheney's fishing buddies.

The lineup of past and present U.S. politicians, propagandists and judges who should stand trial in the Hague is as long as Paris Hiltons' F-Buddy list.

Maybe we'll get lucky and Conyers will get the support he needs to go after and prosecute the Neocon enterprise in January.

Seeing the Kristol Klan, Bush, Cheney, Rumsfeld and Scalia in Federal Prison (rightfully) would be a huuuge boost to national moral!

[feo]

Not guilty by reason of mental defect or disease or being a Retardlican.