Newly released 9/11 memo reportedly shows NYC's concerns about toxic air following attacks
A newly released memo reportedly shows that in the month following the 9/11 attacks, New York City leaders were preparing for possible lawsuits they thought could arise from claims of toxic air.
That would contradict public messaging at the time from officials saying the air was safe, which we now know it was not.
What's in the memo
The nonprofit 9/11 Health Watch says it recently obtained the so-called "Harding Memo" addressed to then-Deputy Mayor Robert Harding, reportedly sent in the month following the 9/11 terrorist attacks.
The subject line is "Legislative alternatives to limit the City's liability relating to 9/11/01."
It reads that, according to the law department, potential lawsuits could arise from people claiming toxic exposure or that rescue workers were provided with faulty or no equipment.
The document does not give any details about the actual air quality or equipment used.
CBS News New York reached out to Harding and former Mayor Rudy Giuliani but have not heard back.
9/11 Health Watch suing NYC DEP
The group filed the memo as an exhibit in its Freedom of Information lawsuit against the city's Department of Environmental Protection, seeking documents related to air quality.
"The city tried on three occasions to dismiss our proceedings, claiming it had no documents," attorney Andrew Carboy said.
In November, the city said 68 boxes of materials were discovered, but 9/11 Health Watch didn't get the memo from the city. They say they finally got it from the personal papers of a late investigative reporter.
"We're here not to tell people what to think," Carboy said. "We're here to show people what the city has fought us for 25 years to produce."
Calls for release of more records
The group is calling on Mayor Zohran Mamdani to release all records. They said it's not about suing and they just want the truth.
"There's so much more work to do that we can do with these records to show what was out there," attorney Matthew McCauley said.
"We need to know who knew that the air was contaminated, who knew that they were aware there was going to be a problem, and who kept their mouths shut for 25 years while people got sick," said Andrew Ansbro, president of the Uniformed Firefighters Association.
"Hearing after hearing after hearing, and we were told, yes, the air was safe to breathe," City Council Speaker Julie Menin said.
The City Council passed legislation in July 2025 ordering a two-year 9/11 documents investigation.
A city law department spokesman said at his City Council confirmation hearing Wednesday, "Corporation Counsel nominee Steve Banks testified that he will be conducting a full review of the issue if he is confirmed. Part of that review will be to see what records exist and what records can be released."