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

[youngharry]

APPEAL THIS EGREGIOUS DECISION, THEN GET THE BACKGROUND ON THIS MORALLY AND INTELLECTUALLY DISHONEST JUDGE.

[mediamarv]

Actually, there will be more than one judge, but it would be very interesting to discover how many were appointed during the reign of King George II.

[lornejl]

You're not a real republican until you have blood on your hands. Congrats Christie, you are full blown repub now.

[syllepsis]

The real problem is that the Democrats aren't doing their jobs. Whitman could still be IMPEACHED for this noxious act, but all they want is their vaunted 'super-majority.' Oh yea, Bill Clinton lied about a blow job and was impeached, so the good little Dems in Congress don't want to hold Whitman accountable for this.

[MANK]

If the citizens of this country did not elect them, then we wouldn't be reading this. When are the Supreme Court (2000) and Bush voters(2004) going to apologize to us who did out best to run them out of office? The flag flap is no worse than who would you like to have a beer with at a BBQ.

[syllepsis]

The citizens voted Democrats overwhelmingly in '06, and have we gotten less war? Have we gotten anything for Conyers' and co.'s "investigations?" If anything, Bush's behavior has become more overtly criminal, as if daring the Dems to defy him. All they've done is grovel, though Bush has the LOWEST approval ratings in the history of the Gallup poll http://www.usatoday.com/news/washington/2008-04-21-bushrating_N.htm. I am sorry to say, the Democrats are using Bush's epic criminality and incompetence as just another campaign tool. The American people deserve far better.

[ProfessorVP]

Golly and gosh, who would have thought that breathing in the debris from fallen
skyscrapers and two airplanes would be dangerous? (sarcasm alert) Certainly
Christie made an honest mistake.

[lornejl]

There has been no accountability in government for 8 years, NONE.

[syllepsis]

Fascist judge says that it would be dangerous for public officials to fear lying to the public. If you want a textbook example of Fascism, fully grown, there you have it.

[mingusman]

Goddamn public officials SHOULD "fear making public statements." At least fear making erroneous ones. Of course thanks to this ruling no one has to fear anything. Then again, I guess that's been the case given the way this administration has gotten away with lying over and over the past 7.5 years.

Shameful. Utterly shameful. The way the Bushies have acted and the way the Democrats have allowed it to go on unimpeded.

[fedupwiththis]

And this was the crowd that would "return responsibility" to government. Yet, you still support them.

[RedWhiteandBrooklyn]

Lie about poisoned air, resulting in thousands (?) getting permanently damaged lungs and dozens (hundreds?) of early deaths and you're a respected former Cabinet Member.

Lie about getting a blowjob from a more-than-willing adult and millions of our tax dollars go into an effort to drive you from office.

Republican values? LMFAO!!!!!!!!

[zjr909]

It's called Caveat Emptor: Let the Buyer Beware. Even back in 2001 it was as true as it is today: if a Republican's lips are moving, a lie is being told. Not that the New York residents could have picked up and moved; but, still, they had no reason (and I'm tempted to say: no right) to believe what they were told when the evidence of their senses told them overwhelmingly otherwise. When enough people suffer enough damage, they just might stop believing what they're told by public officials. But I wouldn't hold my breath on that one.

[syllepsis]

Not so fast. PRIVATE CITIZENS are suing the Government. It is obvious to them (and to all of us) that our Government's word is worthless. When the Government fails so completely (Democrats as well as Republicans refusing to do their jobs), the only recourse is to sue. Soon, that avenue will be cut off, too; this ruling is a big step in that direction.

[elbzee]

I agree this fraud was perpetuated as a bipartisan effort. We also have to remember that the people most injured were those who likely feared and considered the risk, but felt compelled to try to save lives and help in an emergency. They relied on our government to look out for them. Sadly, our administration and elected representatives not only looked the other way then, they're doing it again with all those sickened by their heroic efforts.

I sure do wish the litigation was criminal rather than civil.

[WrongwayFeldman]

Its ok.........because she wears a flag pin on her lapel

http://video.google.com/videoplay?docid=-4707690996712159749&q=christie+todd+whitman&ei=uwQOSMbnHI2g4ALutrWsBA&hl=en

[syllepsis]

"The appeals court said legal remedies are not always available for every instance of arguably deficient governmental performance." Yes, the Government is above the law. Yet another reminder of how abject our claims to being a civilized nation have become. The Soviet apparatchiks who sent their foes to the gulag could not have said it better.

[TLP]

Is anyone ever wrong in this administration?

[rollingdivision]

If public officials are held personally liable for information they provide to the public then we will see an end to public officials providing information. It's not good to criminalize politics or deal with poor politician performance with law suits.

[syllepsis]

All right, legal genius: Why have public officials at all?

[syllepsis]

I assume, RD, that you believe your cretinous CIC when he says that "Iraq is the central front in the War on Terror." But you don't hold him personally responsible when he says that, so he could be lying of course, and those soldiers are getting their heads blown off for no grander purpose than his own amusement. That's OK with you, RD?

[filo]

because public officials would fear making public statements?

Maybe just maybe public officials would make sure they are telling the truth !!

[elbzee]

Remember, too, we gotta set some precedents quick, cuz the biggies just might be need em come January!