NY appeals court: Whitman not liable in Sept. 11 air case

[maddezmom]

Source: AP

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 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.



Read more: http://news.yahoo.com/s/ap/20080422/ap_on_re_us/epa_sept11_lawsuit

[DrDan]

1. and deny them the ability to lie to their constituents

[Ian David]

2. So, she can't be sued because The White House lied to her, too?

Then does that mean Ground Zero survivors get to sue Commander Blowmonkey?

[gratuitous]

3. Oh yes, a dangerous precedent

We certainly don't want our elected and appointed officials constrained from issuing demonstrably false or unverified statements. So if you fucked up your lungs because the head of the EPA said the air was safe, well, that's all on you. You should have hired your own firm to test the air, and determined for yourself whether it was safe because the people you hired with your tax money aren't responsible to you.

[Bonobo]

4. Disgusting. I will NEVER forget what she said.

She was the one in the position of authority on the subject of air safety.

People could have taken measures. They could have stayed home, left the island, whatever.

She told them to go back to work! Why? Money. Money. Money.

She should be ashamed of herself. Much death and suffering should be laid at her door.

[indepat]

5. Enough to make one wonder if the Federal courts are now saturated with

extreme right-wing boot-jacked ideological thugs. :D

[Phred42]

6. The Oligarchy Protects Itself

The Oligarchy protects itself at all costs.

She lied, and thousands of people will die painfully and needlessly

[crimsonblue]

7. Isn't her defense something of a Nuremburg defense?

"I only lied to the citizens of New York because I was told to." Does the buck not stop ANYWHERE these days? I don't know how holding a public official responsible for making BS comments without any scientific evidence or studies would set a dangerous precedent. I think that public officials would be more likely to get the facts and listen to the relevent experts in the field before they make blanket statements. This is completely unacceptable. If the air was SOOOO good, then why did FEMA employees and other Fed workers have respirators, while leaving the hundreds of volunteers vulnerable. I guess this is just another example of Bush Politics in action. Buck Fush...

[Javaman]

8. so the once head of the EPA that said it was okay to breath shit air...

doesn't have to take responsibility for her decision.

sounds about right. I think next week she's getting the medal of freedom.

[aquart]

9. So ALWAYS assume the government is lying.

Because there is no reason to trust a single thing they say.

[HockeyMom]

10. I will never forget that smell

and this was 3 days later and 30 miles away when the winds took it to where I lived.

I shudder to think what it was like right there at Ground Zero and the vicinity.

You wouldn't need the EPA to tell you that air was toxic.

[nwliberalkiwi]

11. Just Die Somewhere Else

Hey, how harsh we don't want to upset Cindy while she's riding her horse with her daughter. Just choke it up and die, but not in Cindy's neighborhood!!!!!!

[defendandprotect]

12. Sounds like we're going to need to make them say everything "under oath" . . .

if they're in government office . . .!!!

Especially when they issue reports --- !!!

It's not like this hasn't effected the lives of probably millions and millions of New Yorkers and
rescue workers --- !!!!

[IndianaGreen]

13. What could we expect from Federalist Society judges?

Bill Clinton appointed more than his share of this rightwing bunch to the federal bench.