Supreme Court Rejects September 11 Environmental Appeal

The Supreme Court on declined to revive a New York real estate developer’s lawsuit against the leaseholder of the destroyed World Trade Center and two airlines seeking environmental cleanup costs

Join Our Community of Science Lovers!

By Lawrence Hurley

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday declined to revive a New York real estate developer’s lawsuit against the leaseholder of the destroyed World Trade Center and two airlines seeking environmental cleanup costs related to the Sept. 11, 2001 hijacked airliner attacks.

The court’s refusal to hear the appeal filed by Cedar & Washington Associates Ltd means an appeals court ruling dismissing the lawsuit remains intact.

On supporting science journalism

If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.

In 2008, the developer sued American Airlines, United Airlines and parent companies American Airlines Group Inc and United Continental Holdings, in addition to the Port Authority of New York & New Jersey and Larry Silverstein, leaseholder of the World Trade Center properties.

The developer sued the airlines because their planes, hijacked by al Qaeda militants, were used to topple the World Trade Center's twin towers.

Cedar & Washington Associates sought to recoup costs associated with cleaning up asbestos, fiberglass and other particles during the renovation of a 12-story apartment building near the site in lower Manhattan where the twin towers were destroyed.

In a May ruling, the 2nd U.S Circuit Court of Appeals in New York said the attacks were an act of war, exempting defendants of liability under a law enacted in 1980 to deal with environmental and health risks caused by industrial pollution.

The federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) includes exceptions to liability, including acts of war.

The attacks killed nearly 3,000 people in New York, at the Pentagon outside Washington and in rural Pennsylvania.

The case is Cedar & Washington Associates LLC v. The Port Authority of New York & New Jersey, U.S. Supreme Court, No. 14-239.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

It’s Time to Stand Up for Science

If you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.

I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.

If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.

In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.

There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.

Thank you,

David M. Ewalt, Editor in Chief, Scientific American