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SCOTUS: Port Authority Won’t Pay for 9/11 Asbestos Cleanup

The U.S. Supreme Court has refused to hear a case on the question of whether the Port Authority does should pay for the 9/11 cleanup costs of an apartment building located near Ground Zero. The decision comes after years of litigation and ended with the Supreme Court declining to hear an appeal on the issue.

The litigation began when the building developer, Cedar & Washington Associates, filed a lawsuit against the Port Authority in 2008. The suit was rooted in a law that deals with environmental and health risks connected to industrial pollution. Specifically, the plaintiff sought the cost of cleanup associated with the asbestos, fiberglass and other toxic particles that had to be removed from a 12-story building in lower Manhattan following the deadly attacks and subsequent collapse of the Twin Towers.

The suit has pressed on for six long years. This past May, a federal court of appeals ruled that the terrorist attacks of 9/11 were an act of war and, therefore, the Port authority was not liable under the pollution law. While the Supreme Court did not make a definitive decision on the question of liability, by refusing to hear the appeal, it allows the decision to stand.

The Port Authority was not the only defendant named in the suit. Other defendants included the two airlines whose planes were hijacked, United and American Airlines, as well as the World Trade Center leaser, Larry Silverstein.

Although it has been more than 13 years since the attacks of 9/11, many people are still suffering the effects. If you have a health problem or other issue you believe is connected with 9/11, contact the knowledgeable New York personal injury attorneys at Barasch, McGarry Salzman & Penson right away.

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  • "The people at this firm were just great. They were concern with making sure I was taken care of in every way possible. When I was given an award Mr. Barasch didn't think it was a fair amount and appealed the decision which got me a larger award. I am very satisfied with everything they did for me in the past and are willing to do for me and my family in the future." - Bob Wiecezak, FDNY-Retired

  • "Excellent law firm. Lee London and his staff were very responsive and always followed up with phone calls or emails. This firm is a strong example of what caring and personable lawyers are all about." - Letitia Egan, wife of client, volunteer in the exposure zone

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      There is still time to apply for significant compensation if you have been diagnosed with any of the 68 cancers that doctors at the WTC Health Program (WTCHP) have linked to the WTC toxic dust. The deadline to apply to the Victim Compensation Fund (VCF) is two years from the date that a cancer has been certified by the WTC Health Program — or any other governmental agency. The two-year period to register doesn’t start on the day of a cancer diagnosis. Rather, it starts only when a cancer survivor is made aware their cancer was linked to exposure to the WTC toxins.

      For those who died from their WTC-linked cancers, the two-year period for their family to register starts on the day of the death of the WTC victim.

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