Lawsuit Against EPA For Deeming WTC Site Safe Allowed To Go Forward

Lawsuit Against EPA For Deeming WTC Site Safe Allowed To Go Forward

A federal judge has cleared the way for a civil suit to proceed against the Environmental Protection Agency and its former head on the grounds that the agency misled the public when it deemed Ground Zero safe for workers and area residents to return.
The class action lawsuit was filed in 2004 by residents, students and workers in Lower Manhattan and Brooklyn who say they were exposed to hazardous dust and debris. They claim the EPA had no way of knowing whether it was safe or not to return, but told them to anyway.
The judge says former EPA head Christie Todd Whitman's assurance that the World Trade Center site was safe shortly after the 9/11 terror attacks was "conscience-shocking."
Just two days after 9/11, Whitman and the EPA declared the air seemed safe to breathe. An internal review later found the agency gave misleading assurances, at the White House's urging.
Critics say that the EPA was in a rush to declare that the air quality was good so that officials could reopen the New York Stock Exchange to help the economy. They also say the Bush administration didn't want to face the possibility of spending billions of dollars to clean people's homes.
Senator Hillary Clinton was highly critical of the EPA's decision.
"This is outrageous,” said Senator Clinton. “You know, New Yorkers should be able to depend on the federal government to provide them with accurate information about the air that we breathe and we should be able to count on the federal government to assess the level of ongoing risks."
The lawsuit seeks unspecified damages and reimbursement for cleanup costs. It also asks the court to order a medical monitoring fund be set up to track the health of those exposed to trade center dust.
Whitman defended the EPA, saying in a statement: "Every action taken...was designed to provide the most comprehensive protection and the most accurate information to the residents of Manhattan. To imply otherwise is completely inaccurate."
The EPA is expected to appeal, which means it could be months or even years before the case is settled.