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Benzman v. Whitman

523 F.3d 119 (2008)

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Benzman v. Whitman

United States Court of Appeals for the Second Circuit

523 F.3d 119 (2008)

Facts

After the events of September 11, 2001, hazardous dust (the dust) was in the air of Lower Manhattan and Brooklyn. The Environmental Protection Agency (EPA) (defendants) told people who lived in the affected neighborhoods that the air quality was safe enough for them to return to their homes, schools, and offices. A class of people who lived, worked, or went to school near Ground Zero (collectively, the affected class) (plaintiffs) sued the EPA arguing that the EPA violated the Administrative Procedure Act (APA) by failing to adhere to relevant regulations. Among the regulations cited by the affected class were duties imposed by the National Contingency Plan (NCP), which stated that the EPA may and should engage in postdisaster cleanup and distribute public information whenever possible and appropriate. The affected class sought an order requiring the EPA to test affected neighborhoods for hazardous substances, to clean up areas where hazardous substances were detected, and to monitor medical conditions caused by the dust. The district court dismissed the affected class’s APA claims. The affected class appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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