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

[NotMyPrez]

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.

This administration is doing to America what no terrorist threat can do- corrode it from within.

[elbzee]

Hmmmmm... what if there was a class action containing oh, say, 5-10 million citizens for dereliction? Since Congress won't impeach, can the citizens do it themselves?

[NotMyPrez]

We'd have to go through Congress to ratify that anyway, so we're sunk either way.

[Luca]

Bush-wacked again. Heeeee, heeeee, heeeee, heeeeee. You got what you voted for.

[NotMyPrez]

"You don't go to Washington with the President you want, you go with the President you have"

Shouldn't we get like a warranty on our leadership? This one's been a lemon for years.

[dadw5boys]

BUSH HAS STCKED ALL THE FEDERAL COURTS SO THERE WILL BE NO JUSTICE FOR WORKING AMERICANS OVER CORPORATIONS!!!!!!!!!!!!!

[brainlego]

One of the first and many 9/11 lies from the government

[fiduciaryatlarge]

I seem to remember hearing that Whitmans husband was an exec with an insurance company that had massive liabilty exposure in the area around the Trade center. A hazardous designation would have cost them.

[TAC]

This story is probably what first got the Bush administration's attention on the despicable Whitman...

http://www.cbsnews.com/stories/2000/07/11/politics/main214046.shtml

[Honza]

Sure the judge ruled in her favor, was she standing on the rubble helping to coordinate help for the fireman to find those lost in this worst terrorist plot against our country? Ms Whitman there will be many heros coming down with a sickness from inhaling asbestos and other comtaminates, this Judge should be asked if he was ever there right after this had occured. Another Bush appointee?

[rwe]

This is why tort reform is necessary... Wonder if John Edwards filed this...his was ruled by a liberal fed appeals court , not by the SCOTUS.

[syllepsis]

Did you read the whole ruling? I provided the link below. In what way do you think tort reform should be done?

[KonaGuy]

Conservatives like to talk about accepting personal responsibility as long as it is someone else.

[DELICIOUS]

WE ALL KNOW THAT REPUKLICANTS ARE IRRESPONSIBLE AND NEVER RESPONSIBLE.

[helonias]

Well its not like she had ANY kind of environmental background or education (to run the EPA).

Thats why she was appointed by Bushco.

[syllepsis]

Bush filled all these posts with idiots, knowing that this would be useful in mounting these kinds of "incompetence defenses." Can't prove she knowingly violated anyone's rights, cause she didn't seem to know anything...

[wedgie]

Whitman is a pretty smart person. She probably has nightmares to this day about the things she had to do for the Bush Hunta. She thought they were going to be middle right conservatives. Poor kid.

**

[helonias]

BS. She is an idiot. In NJ she cut NJ's payment to state workers pension plan to give a tax break to the rich.

Now Corrzine is stuck with a huge fiscal mess.

In NJ she appointed a political hack with no Environmental background to run the states Dept. of Environ. Protection.

[mcthfg]

Just like my job! If I tell my boss that I know something, and then it turns out I lied about knowing something, nothing happe...

Oh, right. I get FIRED. And if that lie were responsible for causing cancer, I'd go to jail. For manslaughter.

But hey, when the VP shoots his friend in the face and nothing happens, so what can you expect?

Maybe we should all work for the government, giving all of us the freedom to lie, lie, lie.

[syllepsis]

http://abajournal.com/files/06-1166-cv_opn.pdf

the ruling

[FZliveson]

A friend of mine worked at University of California at Davis in air quality research.
They had sensors in N.Y.C. starting from before the attack on 911 and until way after.
The university was put under great pressure from the EPA and White House to retract
reports the university made of the highly toxic air. My friend said the threats were not physical
and they were not gentle. Money talks.

[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