RECENT FEDERAL DECISIONS

June 2008

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Second Circuit Denies Relief for those Allegedly Harmed By EPA’s Response to the ‘9/11’ Terrorist Attacks
Benzman v. Whitman, ___F.3d___

The U.S. Court of Appeals for the Second Circuit denied relief for a putative class of plaintiffs who alleged they were wrongfully exposed to hazardous substances as a result of acts and omissions of the Environmental Protection Agency (EPA) and its of-ficials in the wake of the September 11, 2001 terrorist attacks (9/11) on the World Trade Center (WTC) towers. The court held that although EPA’s response was arguably deficient, plaintiffs failed to plead a cause of action for which relief could be granted.