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

[AZM]

Well, the good news is that Georgie is a guy that a lot of people would like to have a beer with, so they made him president for eight years!

[veritasexmachina]

Just like the mayor in Jaws urging the beachgoers to go in the water ....she sold her soul and sent people to their demise!!!!!!!
I have a friend who went to help and his medical bills are through the roof,and he's constantly hacking up huge glops of lungbutter, I'm sure chrissie in all her infinite wisdom would be more than happy to help him out !!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!
Just like all the other CRIMINALS in this atrocious administration,this ASSHAT needs to be indicted for her criminal behavior and answer for the Blood on her hands!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!!!!!!!!!­!!

[bethinCary]

If our government agencies aren't liable for thier conduct and decisions then we may as well not even have govt. agencies.
It means govt. is a ruse -a sham.. It's a fake govt..
The govt. are the same ones who oversee court cases of any goven profession of misconduct.
Many professions have licensing and insurance to cover thier bad decisions.
If people don't want to educate themselves--go to college for a given profession to gain expertise-then we may as well have kindergartners making the decisions.­.That's what the courts have decided in Whitmans' case..
We have an FDA allowing dangerous products from China for thier ineptitude. An EPA denying global warming or putting forth any plan to protect the nation from harmful substances emitted in the air.: Be it from 911-or any other day from corporations that pollute..

This is just further proof of what the public already knows to be true---that our entire government is guilty of High crimes and misdemeano­rs...

[syllepsis]

That's the problem. If government abdicates its responsibility, and the courts accept excuses of "incompetence," or "inadequate management," we get the worst government possible. And we can't really say "caveat emptor"- we can't test every item from china in our own personal labs before we eat it- this case, like the Plame civil suit, just shows that suing the Government for violating your rights in one way or another is mostly a futile activity. This is ESPECIALLY true in a Government like this one, that uses the "incompetence" excuse- "Sure people died horrible , needless deaths. In a bureaucracy like this sh*t happens because no one has a clue- not because we INTENDED to harm." Useful incompeten­ce...

[eahce]

I just wonder how christy can live with herself after assuring people that the air was safe at ground zero. I used to admire her until see hooked up with bush and sold her soul. I at one time thought see had integrity, now the first responders are either dying slow painfull deaths or have already died on account of christy's words. She is DISPICABLE!

[hip dibler]

thats BULLSHIT.

[thegreatgiginthesky]

This is no surprise. No one is accountable for anything in the Bush administration.

[GerryS]

not true, the electorate is responsible. we will be picking up the pieces/paying for this mess for many, many years. as with the bush admin, no one wants to own up to the facts!

[elderly]

Are we ever going to awake from this nightmare. We are all to blame for this situation, which amounts to no less than the complete destruction of our country and way of life. We all watch our sports, our television programs and mosey up to the closest fast food restaurant.

Forget the rest of this comment. No use. We are hopelessly done.

Burn the Constitution. We do not need it. None of it applies anymore anyway.

We are DONE.

[oldtree]

Who is responsible then? It is time for an accounting.

[EspressoAtNoon]

"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."

- and what's wrong with that? If they don't know whether the air is safe, then perhaps they should keep their mouths shut.

[mrdontplay]

...So sad.

She said the air was safe and then people died.

I hope she lives to be one thousand years old.

[kae]

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.


I'm soooooooo sick of hearing this argument evertime BushCo F**ks-up. If the head of the EPA cannot accurately comment on the ENVIRONMENT then they are a FAILURE...­and when the head of the EPA is a failure innocent people get sick or hurt. I guess the possible fears of our public officials come first. Wouldn't want to set a dangerous precedent! Screw the sick. Oh and why are we honoring any decision coming out of the dept of justice...­didn't Bush fire all the lawyers that did not agree with him? Shouln't that be an issue in cases like this? I know the rest of our reps in DC are happy to ignore all Bush shenanigans but COME ON! When will ANYONE be held accountable for only being good at cashing paychecks.

[fcsakes]

Just think if any of this shit had been done by democrats - limbaugh and his gang of ROVEing jerks would be yelling, "off with their heads." We're gonna see whose head is rolling soon - the anticipation is almost better than watching it happen.

[syllepsis]

At least Republicans never take impeachment off the table! Since Pelosi's disastrous decision, she screwed the people of America, and their only legal recourse has been these private lawsuits. The Democrats have done us NO favors at all, and yet, they expect our vote. It is only a matter of time before they, too, pass into history.

[speakyourmind]

I keep repeating that same sentiment over and over. Can you just imagine how the country would be reacting if EVERYTHING that has happened in the current "administration" (the current price of oil, the mishandling of the aftermath of Katrina, the Iraq war, the Attorney General scandal, Scooter Libby, Mark Foley, Ted Haggart, David Vitter, Larry Craig, etc., etc., etc.) had been done by Democrats??!!

TO ALL OF YOU CONSERVATIVES OUT THERE: WTF IS WRONG WITH YOU????

[KOisGod]

Why isn't St. Julie of 911 up for some charges. He oversaw the 911 clean up and didn't warn the workers to take precautions, in fact REAL MEN don't ask questions, they just DO.

And that smoldering ash pit, built in the day of asbestos spray on and lead paint and god knows what other toxins were cooking in that heap, but the priority was to GET IT OUT OF THERE, you know, GET RID OF THE EVIDENCE.

Oh but yes, they did find some prestine passports, right there in the debris, of WOW, Al Qaeda guys

Imagine that

[wm1066]

Lady Justice was mugged,...­.. Stelito in the back......
Shame on the judge, and shame on Whitman.
She hurt alot of courageous people and she is getting away with it.

[syllepsis]

I wonder what other lies are festering around 9/11? Oh well, this ruling seems to close the door to any curiousity about what crimes our Government may have committed against its people for the past eight years. The next step: Legalize perjury.