Yes, thanks for bringing that one up too. That was when Bush appointed her Administrator of the EPA. Here's the full story:


Whitman appeared twice in New York City after the September 11 attacks to inform New Yorkers that the toxins released by the attacks posed no threat to their health. On September 18, the EPA released a report in which Whitman said, "Given the scope of the tragedy from last week, I am glad to reassure the people of New York and Washington, D.C. that their air is safe to breathe and their water is safe to drink." She also said, "The concentrations are such that they don't pose a health hazard...We're going to make sure everybody is safe." Later, a 2003 report by the EPA's inspector general determined that such assurances were misleading, because the EPA "did not have sufficient data and analyses" to justify the assertions when they were made. A report in July 2003 from the EPA's Office of Solid Waste and Emergency Response gave extensive documentation supporting many of the inspector general's conclusions, and carried some of them still further. Further, the report found that the White House had "convinced EPA to add reassuring statements and delete cautionary ones" by having the National Security Council control EPA communications after the September 11 attacks.

In February of 2006, U.S. District Court Judge Deborah A. Batts issued a ruling that rejected Whitman's request for immunity in a 2004 class action lawsuit brought by a group who claimed exposure to hazardous debris from the collapse of the World Trade Center. The judge stated that "No reasonable person would have thought that telling thousands of people that it was safe to return to lower Manhattan, while knowing that such return could pose long-term health risks and other dire consequences, was conduct sanctioned by our laws," and called Whitman's actions "conscience-shocking."

In June 2007, Whitman testified in front of Congress about the Agency's culpability in telling rescue workers that the air was safe. She was repeatedly booed by rescue workers and activists who attended the hearing. She defended herself by saying her statements about the air being safe were to people living or working near the area, not to rescue workers. She also said terrorists, not the EPA, were responsible for the tragedies that befell people after September 11. In December 2007, legal proceedings began in a case on the question of responsibility of government officials in the aftermath of the September 11, 2001 attacks. Whitman is among the defendants in the suit; plaintiffs in the suit allege that Whitman is at fault for saying that the downtown New York air was safe in the aftermath of the attacks.

In April 2008, the United States Court of Appeals for the Second Circuit overruled the district court, holding that as EPA head Whitman could not be held liable for saying to World Trade Center area residents that the air was safe for breathing after the buildings collapse. The court said that Whitman had based her information on contradictory information and statements from President Bush. The U.S. Department of Justice had argued that holding the agency liable would establish a risky legal precedent because future public officials would be afraid to make public statements.