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

[springsm]

The remark doesn't surprise me...after all we were to all go shopping, weren't we? The court's decisions is not a surprise either. The thing I note most heartily is that thank god, in Jan 09 we will NOT have to see that smirking smug face in all these photo ops.

[CyrusBeaucephus]

wow who would have thunk it? A government official caught lying about 9/11!

[LivingStardust]

But then again, who is the REAL guilty party? The Puppet or the Puppet Master?

[GiggidyGeshmoygen]

gee whiz...

what a surprise....

who didn't see that one coming????

[SouthernYankeeBelle]

How sad that the 2000 and 2004 election is proof enough to show how this administration has used the DOJ to destroy this country. Now we have the supreme court lets pray that a democrat wins the election. If not what freedoms we have left will be taken away.

[hellboundtrain]

We will be free to have a family and pay our taxes to support another (or the same) war, and, since there will be very few jobs here to see our children be conscripted into some branch of the military to also run the very huge risk of absolutely ruining their lives, too.

If taxes are not paid we are free to be found automatically guilty of being subversive and sentenced directly to one of the hundreds of jails for god knows how long.

A benevolent and compassionate America is a myth. Particularly proven so during the past eight years under the Bush-Cheney-Rice-Rumsfeld-Gates-Rove criminal regime.

[PatCroft]

Mean governments produce mean and borken and sick and dead people. And the USofA comes in First Place. Ahmmm so much for check and balance.

[wotcanisay]

There are no checks and balances anymore. The Supreme Court is packed with Republican majority judges who will perform the puppeteer's bidding.

The politicians who approved John Roberts and Samuel Alito did a grave injustice to the country. With a 55 year old John Roberts and the Justices of the Supreme Court not having any retirement age, for the next 30 or so years during which:

1) democracy will be redefined as a Government for Conservative Christians.
2) all injustices by the rich and powerful will be adjudged as "not guilty".

[chabuka]

These are the activist judges....I hope when all the sh*t hits the fan..these judges will be replaced, indicted and disbarred.....right along with the impeachment of the four ideologues who sit in judgment on the Supreme Court

[JohnFromCensornati]

Who in the hell would have believed her anyway?

[syllepsis]

This horrendous ruling means that public officials can lie about election results, too, and no one can do a damn thing about it.

[Rog49Thomas]

Open and shut case.

Defense pointed out she was a Republican at the time she made the dishonest statements.

Accordingly, immune from prosecution.

[BBackSoon]

That would be funny if it didn't piss me off so much.

[Rog49Thomas]

Let me make your day.

Think about your and my Constitution.

The only thing it it apparently sacrosanct is a misinterpretation of the Second Amendment.

Well, we can always console ourselves by going hunting. You bring your RPG and I'll bring the IEDs.

[lornejl]

Rudy knew there was no danger , that is why he discarded his safety mask, what a stud....

http://gothamist.com/attachments/jen/2007_08_grounrudy.jpg

[ProfessorDuh]

Christie Death Whitman. She is well named.

[mrdontplay]

This is why the RIGHT rules america.

The same reason dumbass DEM pundits are making points about what shawn hanity will say or what rush limbaw will do.

The DEMS on the left are full to the rim with pussies.

Impeachment is the only option for this horendously criminal enterprise known as the Bush Administration.


Pelosi said no we have to wait....for what?

this BS about lapel pins and bitter comments?

I say screw the election back to impeachment justice has to be served.

[BPCentrisAmerican]

No difference, the fascist leaning Suppreme Court would have herd and dismissed the case anyway. It's Hard to respect any American instatution these days. The irony being the corporate shills sitting on the court today are Roman Catholics, which makes me doubly assamed, being a Roman Catholic. It's Ironic that the Republican party used JKF's Catholic religion as a weapon against him in 1960, how things have changed since than.

[lornejl]

Time for dumbya to hang the medal of freedom around her neck.

[mflinn]

How about this? From now on first responders, police, fire-fighters, EMs and good old American citizens will now refuse to help in disaster situations because they can't be sure the Government is telling them the fucking truth about ANYTHING. Hmmmm?

[elbzee]

sadly, we don't have any National Guard or reservists left, we're squandering them elsewhere. Won't nobody show up!