2nd Circuit: Ground Zero Workers Lose

Ground Zero Rescue Workers
Lose Case In Second Circuit
NEW YORK (CN) – The 2nd Circuit dismissed the claims of several Ground Zero emergency workers who said the government lied about the dangers of contaminants in the air. After the Sept. 11 attacks, rescue workers say, the Environmental Protection Agency assured the public that the drinking water and air quality at the World Trade Center site posed no significant health threats. Many workers said they chose to forego respirators as a result. Later, the plaintiffs say, they found that federal officials had edited the press releases to remove cautionary wording, including a warning that 25 percent of the bulk dust samples contained dangerous levels of asbestos. The circuit concluded that the government’s decision to restore order and offer reassurance after a national tragedy instead of warning the public about health risks does not rise to the level of “shocking the conscience.” See ruling in Lombardi v. Whitman. Expect more of the same next time. Behave accordingly. My opinion, this is an unconscionable result.