Ex-EPA Chief Off The Hook In 9/11 Air Case

Whitman Not Liable For Telling Residents Air Was Safe Near World Trade Center After Attacks

(CBS/AP)  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 apparently made comments reassuring people about the safety around the site 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.

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.

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Read more about the 9/11 health crisis stemming from the toxic air at ground zero.

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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.

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."

[tucano2]

Yet another government official probably bought off, this one in black robes no less. Don''t you get it folks? Whitman, Bush, and the rest of those people do NOT care whether New Yorkers (or anyone else) live or die.

[exrunner1]

While Halliburton''s lawyers fought my dying father''s asbestos exposure claim, Ken Lay''s boys played with the electricity that he needed to help him breathe.

This administration - Cheney especially - knew about the dangers of asbestos and other smnall particles.

[excoachken]

Although not a religious fanatic, I can assure Whitman that she will, someday, have to face a judge, who will know that she told lies which cost good people their health and their lives, and that judge will not be able to be "bought off with $$ or political favors!"

[brianbwb-2009]

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


This is the court''s job, to provide remedies, not to deny them. If they cannot help redress grievances, then they are also to be included among those rendering "deficient governmental performance."

[brianbwb-2009]

"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"

No, they would only fear lying to the public, and that is good. If they tell the truth, what can they then be held liable for?

Also, if Ms. Whitman cannot be held liable, how about the people who gave the false information to her?

[inventagod]

Promotions all around!
bu$HAMErica...

[dog7771]

GOD WILL GET YA!

[lochlan-2009]

Hold a government official accountible for lieing at the expense of millions of Americans health... Not a chance.

Why do we even waste the time making laws for these peole to follow? There are no penalties if they break the law, and no desire to enforce them. What;s the point?

[impeach_w]

This is disgusting. Since W can''t be sued I suppose the only real justice is that which you perform yourself. This really infuriates me. I am glad my health was not affected by this. It''s Too bad none of you NYC folks have the right to defend yourselves from terrorists or a govenment intent on you dying.

[cyberus-2009]

Just another case of a unqualified Bush appointee *** up a job they shouldn''t have been in.

*You''re doing a heckava job Brownie*

[lloydbest1]

Let''s put the best spin on this we can....

Christine Whitman was given conflicting information from a number of sources.
She had to make a go/no go descision based on that information.
Her training is in administration, not toxicology.
She may not have been responsible for the toxic cloud and her statement that the air is safe. But...

As head of the biggest environmental clearinghouse we have, her name is on every ruling and judgement the EPA makes. Regardless of responsibility; regardless of her good intentions; regardless of sincere innocence/ignorance of the effects of the contaminated air around the WTC site, she is still accountable.
Even if we bend over backward to make Ms. Whitman look as good as possible this ruling stinks. If one is willing to enjoy the perks a top level executive job provides, the least we can expect from that person is his/her willingness to "man up" and take the liability hit when things go horribly wrong.

[idnnsg]

"legal remedies are not always available for every instance of arguably deficient governmental performance"

Why don''t we apply the government''s logic to its citizens? After all, this is SUPPOSED to be a government of the people, by the people, and for the people! Next time anyone gets arrested for ANYTHING, try this:

"You see, your honor, legal remedies are not always available for every instance of arguably deficient performance. So, I think you should just let me go."

[inventagod]

So the Bu$h White House attacked NYC on 9/11, then lied to those citizens about the air quality following the demolitions.
You voted in this cabal, live with them, fools.

[inventagod]

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

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 agree -
Why should anyone trust government officials?

[truthspeake2]

Another Bush appointee gets away with murder...literally!

[truthspeake2]

This is what you get when you put so called "experienced" people in powerful responsible places...

[truthspeake2]

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

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



I guess the 2nd US Circuit Court of Appeals has been bought and paid for...truly amazing that the EPA chief at that time siad this on national TV when you could clearly see that toxic mushroom cloud over New York and New Jersey for at least 2 days afterwards!
Truly Amazing...imagine how many people depended on and took the word of this government official and have since died...oops, that''s right, according to her, there was no toxics in the air.