Reassuring statements by federal officials about the air quality in downtown Manhattan following the 9/11 terror attacks are not actionable, the 2nd U.S. Circuit Court of Appeals ruled Thursday.

Five emergency workers who participated in search-and-rescue and cleanup operations at the World Trade Center site claimed that misleading statements by Environmental Protection Agency head Christine Todd Whitman and other officials led them to believe the air was safe. Their suit was dismissed in 2006 by Southern District of New York Judge Alvin Hellerstein.

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