For more than a year, New York City\u2019s Department of Environmental Protection claimed it had no documents related to an extensive request for files about its investigation into the air quality in Lower Manhattan after the Sept. 11 terrorist attacks.<\/p>\n
Last month, the agency did an about-face after calling the request a \u201cfishing expedition\u201d \u2014 admitting that it did find potentially relevant documents.<\/p>\n
What You Need To Know<\/p>\n
The Department of Environmental Protection leaders have publicly talked about its role in investigating the air quality in Lower Manhattan after 9\/11
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The agency, however, in an extensive request for documents on the subject, claimed it had none
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In the last two months, it has reversed course despite repeatedly claiming otherwise
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Forty boxes are set to be turned over to the people who had requested the documents<\/p>\n
Fast forward to this week, the agency has at least 40 boxes of materials, according to an email from a city lawyer that NY1 has obtained.<\/p>\n
\u201cOutrageous,\u201d said Cory Morris, a lawyer who specializes in public records access in New York, when he learned the latest development. \u00a0<\/p>\n
It was more than two years ago that Andy Carboy filed a Freedom of Information Law, or FOIL, request to several city agencies. It included more than two dozen specific requests for documents from the aftermath of both the 1993 and 2001 terrorist attacks at the World Trade Center.<\/p>\n
The inquiries centered on testing and discussion of any public health risks.<\/p>\n
Carboy filed the FOIL request on behalf of the nonprofit, 9\/11 Health Watch and a slew of first responders and family members of people who passed away from 9\/11-related illnesses.<\/p>\n
In January 2024, Carboy received an email from the Department of Environmental Protection, or DEP, that his request for documents was denied.<\/p>\n
\u201cThis agency does not have the records requested. You should direct your request to a different agency,\u201d part of the denial email reads.<\/p>\n
This denial that records existed came despite the agency\u2019s leader testifying before the U.S. Senate in 2002 about its role in the aftermath of the terrorist attacks.<\/p>\n
\u201cSince September 11th, DEP or its contractors analyzed 3,060 samples from 37 outdoor monitoring sites in Lower Manhattan; 500 samples collected adjacent to the four schools in the vicinity of the Trade Center; and 328 samples taken in the four boroughs of the city outside of Manhattan,\u201d said Joe Miele in a transcript of his testimony NY1 obtained.<\/p>\n
NY1 has also obtained an internal memo from October 2001 that states DEP was concerned some blocks near the World Trade Center were \u201cnot yet suitable for re-occupancy,\u201d due to the air quality.<\/p>\n
Back to the FOIL denial, the email noted Carboy had the opportunity to appeal the ruling, which he did.<\/p>\n
Less than a month later, Carboy received a letter from the DEP FOIL appeals officer, Russell Pecunies.<\/p>\n
\u201cI hearby certify that a diligent search was performed in DEP\u2019s records in response to your FOIL requested, and no responsive records were found,\u201d Pecunies wrote.<\/p>\n
This denied appeal stated that Carboy could again take action, this time by filing a lawsuit against the city. Which Carboy did, yet again.<\/p>\n
The city tried to get the lawsuit thrown out.<\/p>\n
\u201cCompelling an additional search in this case, where DEP has repeatedly certified that it has no responsive records, will have no practical effect on the parties,\u201d Saarah Dhinsa, the assistant corporation counsel for the City of New York in November of last year in her filing to have the lawsuit dismissed, said. \u00a0<\/p>\n
She called the request \u201ca fishing expedition\u201d that should be \u201cdismissed as moot.\u201d<\/p>\n
Yet less than a year later, Dhinsa sent another letter, revealing that there were, in fact, potentially relevant documents discovered.<\/p>\n
\u201cRespondent has located multiple boxes that are believed to contain at least some responsive records,\u201d she wrote on Sept. 16.<\/p>\n
And on Oct. 27, Dhinsa emailed Carboy saying there are \u201cabout 40 boxes ready for review.\u201d<\/p>\n
It marks a complete reversal in less than two years\u2019 time of when Carboy\u2019s initial FOIL and appeal were denied.<\/p>\n
NY1 reached out Wednesday morning to the DEP and City Hall, asking how all these documents could be missed when the agency claimed it conducted a \u201cdiligent search\u201d and where these 40 boxes were located.<\/p>\n
\u201cWhile we cannot comment on the specifics of pending litigation, the city has begun turning over documents to plaintiff\u2019s counsel, and both parties are working out a schedule to continue this process,\u201d said the emailed statement from a City Hall spokesperson, in part.<\/p>\n
There were no explanations given for NY1\u2019s questions.<\/p>\n
Over the summer, the City Council passed a resolution compelling the city\u2019s Department of Investigation, which serves as the inspector general, to look into the city\u2019s response to the air quality concerns in lower Manhattan after the 9\/11 terrorist attacks.<\/p>\n
\u201cThe Department of Investigation shall review all of the materials it deems appropriate in the scope of the investigation,\u201d the resolution states.<\/p>\n
A DOI spokeswoman told NY1 the process has already begun.<\/p>\n
\u201cAll agencies have responded to our request that they identify what documents they have concerning 9\/11 toxins,\u201d a DOI spokesperson told NY1 in a statement.<\/p>\n
However, she declined to specify which agencies have been contacted \u201cbecause we are in the preliminary stages of this investigation.\u201d<\/p>\n
It is unclear as a result if the DEP is one of the agencies DOI has been in touch with.<\/p>\n
However, Councilmember Gale Brewer told NY1 she believes it\u2019s no coincidence the documents are being turned over now.<\/p>\n
\u201cI think that\u2019s why the 40 boxes turned up,\u201d said Brewer, who was the lead sponsor on the resolution.<\/p>\n
She called the DEP\u2019s admission that there are documents only now \u201calarming.\u201d<\/p>\n
\u201cI don\u2019t know what happened. I don\u2019t know,\u201d she said in an interview Wednesday afternoon. \u201cI find it abhorrent that information like this would not be shared. Why not share it? I assume they are worried about lawsuits.\u201d<\/p>\n
Fear of litigation is not a legal reason to withhold documents, according to Cory Morris, the lawyer who specializes in New York\u2019s public records laws.<\/p>\n
NY1 specifically asked Brewer if she thinks the city may have been improperly withholding documents.<\/p>\n
\u201cI would think so,\u201d she said, specifically referring to FOIL.<\/p>\n
There had been concern growing about a violation of FOIL due to the city\u2019s changing course, even before Monday\u2019s email that there are 40 boxes of documents from the DEP.<\/p>\n
Earlier this month, Rep. Dan Goldman told NY1 he believed DOI, the city\u2019s inspector general, should open an inquiry into why the DEP had insisted no files existed for more than a year.<\/p>\n
\u201cWe would want to know who was involved. How far up to the top did it go, and there needs to be accountability and consequences for those people who are violating [the Freedom of Information Law],\u201d Goldman said. \u201cIt\u2019s a critical, critical law in our democracy.\u201d<\/p>\n
The Freedom of Information Law is a state law that \u201cprovides the public right to access to records maintained by government agencies with certain exceptions,\u201d according to the state definition.<\/p>\n
In 2024, NY1 interviewed Goldman when the DEP still claimed it had no documents.<\/p>\n
\u201cIf in fact their responses that there are no documents and yet there \u2014 the documents do exist and there are some documents related to this, and I\u2019d be very surprised if there are not, that is a violation of FOIL,\u201d he said at the time.<\/p>\n
Fast forward to this month \u2014 and before the city admitted it had 40 boxes to turn over \u2014 NY1 asked him if the state law had been violated.<\/p>\n
\u201cWell, it certainly seems that way. And you know these things have legal details and complications,\u201d he said. \u201cThat\u2019s why we need an investigation.\u201d<\/p>\n
NY1 reached out to DOI about Goldman\u2019s request for an inquiry to be launched.<\/p>\n
\u201cDOI declines to comment,\u201d a spokeswoman responded.<\/p>\n
Brewer said she would be open to DOI including the city\u2019s changing response on its turning over of documents to its ongoing investigation. That centers on New York City\u2019s response to the health concerns in Lower Manhattan after 9\/11.<\/p>\n
The DOI\u2019s investigation must be complete within two years, according to the city resolution.<\/p>\n
But some of the documents from the DEP, at least, will be released to Andy Carboy and his clients well before then.<\/p>\n","protected":false},"excerpt":{"rendered":"For more than a year, New York City\u2019s Department of Environmental Protection claimed it had no documents related…\n","protected":false},"author":2,"featured_media":22032,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[109,25,3801,75,84,83,9,24,12,63,87,27,200],"class_list":{"0":"post-22031","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-manhattan","8":"tag-app-local-state-politics","9":"tag-app-top-stories","10":"tag-eric-feldman","11":"tag-manhattan","12":"tag-manhattan-headlines","13":"tag-manhattan-news","14":"tag-new-york","15":"tag-new-york-city","16":"tag-news","17":"tag-nyc","18":"tag-politics","19":"tag-top-stories","20":"tag-vod"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/22031","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=22031"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/22031\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/22032"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=22031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=22031"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=22031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}