Court Backs EPA Chief in 9/11 Toxins Case

THIS IS BULLSHIT! - Jon

Source: nysun.com

By JOSEPH GOLDSTEIN
Staff Reporter of the Sun
April 20, 2007

A federal appellate court has decided that it was not "conscience-shocking" for the head of the Environmental Protection Agency to have reassured New Yorkers that the air near ground zero was safe following the September 11, 2001, terrorist attacks, even if the air was toxic.

Yesterday's decision by the 2nd U.S. Circuit Court of Appeals throws out a lawsuit against a former leader of the EPA, Christine Whitman.

The panel of three judges reasoned that the government's interest in returning New York to normalcy following the attacks should protect it from lawsuits alleging that the government made false statements about air quality. The court did not make any factual finding as to the quality of the air, or as to whether the EPA had intentionally misled the public, which Ms. Whitman has denied doing.

"When great harm is likely to befall someone no matter what a government official does, the allocation of risk may be a burden on the conscience of the one who must make such decisions, but does not shock the contemporary conscience," the circuit's chief judge, Dennis Jacobs, wrote. "These principles apply notwithstanding the great service rendered by those who repaired New York, the heroism of those who entered the site when it was unstable and on fire, and the serious health consequences that are plausibly alleged."

Whether a government official's actions are "conscience-shocking" is a legal standard that decides whether an official is liable, in certain types of lawsuits.

"I always thought that if you accepted they were lies — lies to get these people working down there — that those lies were inherently conscience-shocking," the lawyer who brought the case, Stephen Riegel of Weitz and Luxemberg P.C., said.

The lawsuit was a class action on behalf of those who searched for survivors and cleaned up ground zero following the attacks. The men now suffer respiratory ailments, Mr. Riegel said.

A spokesman for the Justice Department declined to comment.

The court's holding in this case suggests that it will also dismiss a similar suit brought on behalf of residents near to the World Trade Center. The ruling yesterday is unlikely to have a result on another class action on behalf of workers at ground zero, which was brought under a different legal theory, Mr. Riegel said.

The panel also included judges Reena Raggi and Robert Sack.

Now...

THIS is anger baby!!!

"The court did not make any factual finding as to the quality of the air, or as to whether the EPA had intentionally misled the public," but they KNOW "that it was not "conscience-shocking" for the head of the Environmental Protection Agency to have reassured New Yorkers that the air near ground zero was safe following the September 11, 2001, terrorist attacks, even if the air was toxic."

Oh yeah... THAT is some good anger there let me tell ya.

So it's OK to lie if the government needs something done EVEN IF the lie results in the deaths of SO MANY people.


"So where is the oil going to come from?... The Middle East, with two-thirds of the world's oil and the lowest cost, is still where the prize ultimately lies."

Richard Cheney - Chief Executive Of Halliburton

Digg it

Disgusting! Operative

Disgusting!

Operative words here: "...but does not shock the contemporary conscience." You see, we're in a post-9/11 world -- we are not supposed to have consciences or be genuinely shocked unless we are being specifically manipulated for an agenda.

I am ASHAMED....

To call myself an American right now.


"So where is the oil going to come from?... The Middle East, with two-thirds of the world's oil and the lowest cost, is still where the prize ultimately lies."

Richard Cheney - Chief Executive Of Halliburton

You're now in that dark lonely place...

I've been in for years Jon. Nice to finally have some company.

I have faith...

In the people that make up America. I do NOT have faith in the system that governs it. If this article is any indication, we will need to have our new investigation conducted by those outside of this country.

So, which country(s) want to get the show on the road?


"So where is the oil going to come from?... The Middle East, with two-thirds of the world's oil and the lowest cost, is still where the prize ultimately lies."

Richard Cheney - Chief Executive Of Halliburton

I wonder what kind of response....

....Judges Jacobs, Raggi, and Sack can expect next time they need a fireman, policeman, or EMT? The next time their house is on fire, the next time they're mugged, the next time they have a heart attack?

How do you think those groups feel right now? What will be their response? Why should they support a system that doesn't support them? Indeed, that uses them and discards them like so much toilet paper....

Welcome to, to use Kevin Barrett's word, the Pathocracy.

Our government has again

Our government has again blatantly, in our face, claimed that they are NOT responsible for their actions endangering citizens. We must start rallying! They DO NOT care about US or our health! We MUST rally before orders from headquarters which are probably just around the corner with the TRUTH movement surging as it is. Protests every 11th ARE NOT GOOD ENOUGH. THE PRICE OF FREEDOM IS ETERNAL VIGILANCE! Our weak show of discontent is NOT having an effect! MORE PROTESTS, BIGGER, STRONGER, AND MORE FREQUENT are needed NOW!!!

"... In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual." (Galileo Galilei, 1564 - 1642)
OIL IS OBSOLETE - WAKE UP - YOU'VE BEEN LIED TO, AGAIN!
http://www.waterfuelcell.org/

That's what I think too...

Alas, no one seems to have a working idea of how the millions of truthers in the USA could actually get organized and start protesting visibly.

A sign of the times...sadly so.

A marker toward the future...of struggle against these thugs. This is incredibly disappointing and maddening. What a blow for the 1st responders, firemen, police and populace. This won't go away. Sending the public into harms way is criminal. Who were these judges? What is their story?

Chief Judge for the 2nd Circuit... Dennis Jacobs

Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson, Thacher & Bartlett.

http://www.stblaw.com/history.htm

Simpson Thacher & Bartlett LLP began its 124th year in January 2007.

Throughout its history, Simpson Thacher’s practice has reflected the major financial and industrial activities of the times. At the end of the nineteenth and the beginning of the twentieth centuries, the Firm was active in railroad reorganizations, the creation of mining and natural resource companies and the national expansion of the public utility system.

After World War I Simpson Thacher's practice expanded internationally. By the 1920's, the Firm represented clients in Africa, Asia, the Caribbean, Europe and South America.

Simpson Thacher's extensive banking practice developed in the 1950's, with the representation of Manufacturers Hanover Trust Company. Today, the Firm has an unparalleled banking practice representing, among other banks, JP Morgan Chase, the successor to Manufacturers Hanover, Chemical Bank, Chase Manhattan and JP Morgan, each of which was a major money center bank in its own right.

Simpson Thacher has represented investment banks in varied corporate financings from the early 1900's. During the 60's and 70's the corporate practice came to focus more on the financial services sector with the representation of virtually every major U.S. investment banking firm. In the 1980's and 1990's the Firm developed one of the world’s premier merger & acquisition practices, including a unique strength in leveraged buyout acquisitions and finance for clients such as Kohlberg Kravis & Roberts and The Blackstone Group.
__________There is more (see link above)___________

Is this it?

Is this the end of the line, legally? Or will the plaintiffs appeal to the next level -- not that it will help of course; that's why you stack the courts with appointees, hand-picked for wretchedness.

But maybe, just maybe, there might be one honest judge in the system. I know it is a long shot...

...but I will still hold out a ludicrously flimsy wisp of hope, if they appeal.

Will they appeal?

I got an idea

Such has been the patient sufferance of these TRUTHERS; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present Government is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let the Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness of his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A government whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

We, therefore, the Representatives of TRUTH in United States of America, in blogging on the internet , Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the current government, and that all political connection between them and the State of tyranny is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The Truth Never Lies

So who can I call?

I'd love to record a conversation of someone on record with this issue. ;)

Pessimist or realist?

I enjoyed Middike's revisit to our history.. but I have felt much more bleak watching events unfold.

I have seen that 'We' are only Serfs and Slaves (their words) to the criminals in power (republican and democrat, neoconservatives and neoliberals). Protests and demonstrations are ineffective. They are 'contained'. Letter writing is yet another exercise in futility. The milling or stampeding cattle are merely laughed at by the plutocrat elites. The media is controlled. The courts are controlled. The internet may soon be even further controlled (Digg and Google are already controlled, for example). Sheeply minds are well-controlled. A dark bleakness does not even begin to describe it.

You are not allowed to even use the word for that which may be necessary.

==============================================================
"There are none so hoplessly enslaved as those who falsely believe they are free." (Goethe)

Protests have been

Protests have been ineffective because we have not acted to shut down businesses. Look at South America. The Peruvians shut down entire cities by blockading. We CAN do that too. There are only so many people that can try to "herd" us. We need people who are willing to say enough is enough and I'm not moving until things change. We could organize individuals for the distribution of food and water to protesters. Protesters can take sick/vacation time from work. Protesting one day doesn't affect these bastards. We need to bring the entire system to a GRINDING HALT before they will consider our grievances. So they see us as cattle...well let's stampede their arrogant asses until they respond.

We MUST utilize our numbers! Shutting down the flow of things in cities peacefully WILL get their attention. It's not even disputable.

"... In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual." (Galileo Galilei, 1564 - 1642)
OIL IS OBSOLETE - WAKE UP - YOU'VE BEEN LIED TO, AGAIN!
http://www.waterfuelcell.org/

Lying Doesn't Matter, Only Business Matters

This should be posted to the front page. It is an important precedent that everyone needs to be aware of. This is what the USA is all about:

 American Open for Business

That's all.  Profit.  At all costs. 9/11 was all about massive profits. As in war, lives are simply an inevitable consequence in the drive to more and more profit taking.

This is why, along with all of our activism, we need to do everything we can to detach from the corporate machine and undermine it.  Don't participate.  Find other ways.

 Buy at independent stores, don't go to corporate chains, don't feed the corporate machine.

http://www.wearenotbuyingit.org/shopping.html

I'll go shopping to avoid dealing with it!

Good comment Victonix. How many time have you heard -"it's only business, so don't take it personally", as if profits can excuse a lack of ethics.

.

______________________________________
"Evil can only exist as long as we support it."
M.K. Gandhi

So shall we BOYCOTT THE MSM?

and more...

Replace italics as applicable

...judges reasoned that the government's interest in returning New York to normalcy following the attacks should protect it from lawsuits alleging that the government made false statements about air quality.

Who did they consult for this decision?

What psychologists did they consult to decide that it was more important to "return to normalcy" than to tell the truth? I think we should take a poll!! Seriously. Imagine it. Would ANYONE agree that it was more important to slowly murder GZ workers for the sake of the stock market reopening besides the rich?

I asked someone involved in this issue why the NYTimes hasn't yet covered this outcome AT ALL and she said they are the enemy on this issue -

"they only covered the gz workers' illnesses when the daily news made the issue impossible to ignore."

Sad that the Sun has to break this news.

LET'S GET THIS PUBLICIZED

Obviously, our controlloed media will not touch this. Can our European friends help get the word out? This should be more than just embarrassing, once people learn of it far and wide.

Maybe the left gatekeepers can look at this, at least? The Nation, Alternet, Buzz Flash, whoever. How about Village Voice? Atlantic Monthly, whoever. I do believe some will take this one up, some. I will send it around, hoping they see it. Please join in.

It is a terrible price to pay for publicity. But let it at least yield publicity, of just what we have here, of what sort of country this has become.

I honestly think that this will make a great many people feel sorry about what they have thus far supported. If it gets publicity.

You know you're in trouble when

those who write the laws share the same pathological demeanor as those who brutalize the laws.

Words can not begin to describe this

War is peace, freedom is slavery, ignorance is strength...crime is justice.
______________

interns < internets

9/11 First Responders To Be On "The View" This Wednesday, 4/25

From John Feal:

I hope you all get a chance to watch the 9/11 responders on "The View" on ABC @11.00AM this Wednesday the 25th. One of those responders will be Vito Valenti, a 9/11 volunteer, sick with fibrosis of the lungs and needs a double lung transplant. Vito also sits on the board of directors at the FealGood Foundation. I can only hope Rosie and the others do the right thing for these three heroes that day. Please support these brave souls, Bonnie Giebfried, Alex Sanchez and Vito, and the FealGood foundation.

Thank you and God bless you all.

John Feal
"Lets make America great again, together"


"So where is the oil going to come from?... The Middle East, with two-thirds of the world's oil and the lowest cost, is still where the prize ultimately lies."

Richard Cheney - Chief Executive Of Halliburton