Appeals Court Dismisses 9/11 Suit against Former EPA Chief

The U.S. Court of Appeals for the Second Circuit ruled yesterday that former EPA Administrator Christie Todd Whitman could not be sued for making allegedly misleading reassurances to residents, office workers, and students about the air quality in New York after the terrorist attacks in 2001 (Benzman, et al. v. Whitman, et al., No. 06-1166-cv (L), 4/22). The finding reverses a lower court's 2006 ruling that denied EPA's motion to dismiss, which allowed the case to proceed against Whitman personally. Whitman argued that she was entitled to qualified immunity because her alleged conduct did not violate a constitutional right.

The Second Circuit noted that Whitman's reassuring comments about the safety around the World Trade Center site was based on "a choice between competing considerations, although not the stark choice between telling a deliberate falsehood about health risks and issuing an accurate warning about them." The initial complaint alleged that the White House Council on Environmental Quality influenced the EPA's Office of Inspector General, convincing the agency "to add reassuring statements and delete cautionary ones" to its press releases early on after the attacks. "The realistic choice for Whitman was either to accept the White House guidance and reassure the public or disregard the CEQ's views in communicating with the public," the court observed.

The court added that whether or not Whitman's resolution of such competing considerations was wise, "she has not engaged in conduct that 'shocks the conscience' in the sense necessary to create constitutional liability for damages to thousands of people under the substantive component of the Due Process Clause."

The lawsuit was brought by residents, students, and workers in lower Manhattan and Brooklyn who argued that Whitman should be forced to pay for the cleanup of homes, schools, and offices.

Product Showcase

  • TRADESAFE Lockout Tagout Station Cabinet

    TRADESAFE Lockout Tagout Station Cabinet

    Elevate your Lockout Tagout (LOTO) safety game with TRADESAFE Lockout Tagout Station Cabinet—the ultimate safety solution for businesses that prioritize smart, reliable, and efficient safety measures. Featuring 70 LOTO devices, this durable cabinet offers the versatility you need to safely lock out hazardous energy sources during maintenance or repairs. With a spacious interior, you can easily organize and store all your LOTO devices in one place. Order yours today. 3

  • Safety Training

    Safety Training

    Become a Master of Safety Training. Take your safety training from good to great with SafeStart. Improve your personal training skills, discover the training principles that offer maximum impact, and learn the secrets of training for relevance and results. Start delivering top-notch safety training—download the guide today. 3

  • Halo™ Swing-Activated Faucet and Emergency Eyewash

    Halo™ Swing-Activated Faucet and Emergency Eyewash

    Bradley’s combined Halo™ Swing-Activated Faucet and Emergency Eyewash is a convenient space saver for tight workspaces. During regular faucet use, the eyewash is stored out of the way. In an emergency, the Halo eyewash is immediately activated when it is swung out 90 degrees over the sink. In less than one second, the faucet is deactivated while the eyewash is directly positioned over the sink for use. Designed with a durable ceramic valve that limits wear on moving parts, this swing-activated model provides dependability and long-lasting performance. 3

Featured