A federal judge blasted former Environmental Protection Agency chief Christine Todd Whitman on Thursday for reassuring New Yorkers soon after the Sept. 11 attacks that it was safe to return to their homes and offices while toxic dust was polluting the neighborhood. U.S. District Judge Deborah A. Batts refused to grant Whitman immunity against a class-action lawsuit brought in 2004 by residents, students and workers in lower Manhattan and Brooklyn who said they were exposed to hazardous materials from the destruction of the World Trade Center. 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," the judge said. She called Whitman's actions "conscience-shocking," saying the EPA chief knew that the collapse of the twin towers released tons of hazardous materials into the air. In her ruling, Batts noted that the EPA and Whitman said repeatedly beginning just two days after the attack that the air appeared safe to breathe. The EPA's internal watchdog later found that the agency, at the urging of White House officials, gave misleading assurances.

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