By MES Dispatch Staff
The Briefing
- New York City’s Law Department filed a motion to dismiss a Freedom of Information Law lawsuit seeking documents regarding air quality and toxin hazards at Ground Zero following September 11, 2001, claiming no responsive records were found.
- Mayor Zohran Mamdani announced $34 million in budget allocations for creating a public portal providing access to post-9/11 air quality and health documents, with initial releases scheduled before the 25th anniversary of 9/11 in September 2026.
- Attorney Andrew Carboy filed the FOIL lawsuit on behalf of 9/11 Health Watch, survivors, and families of individuals who died from 9/11-related illnesses, seeking information about what city officials knew about Ground Zero dangers and when they became aware.
- The city’s Department of Environmental Protection previously claimed to possess no documents on 9/11 toxins, then discovered 68 boxes of materials in November 2025 during a remodeling project at the agency’s offices.
- More than 9,000 people have died from 9/11-related illnesses, nearly triple the 2,977 deaths occurring on September 11, 2001.
NEW YORK — New York City’s Law Department filed a motion to dismiss a Freedom of Information Law lawsuit seeking disclosure of documents regarding air quality hazards and toxic contaminants detected at Ground Zero in the days following September 11, 2001.
City attorneys argued that the mayor’s office and the Law Department conducted reasonable searches but located no responsive records. The city also contended the lawsuit was premature because document review remains ongoing and the city requested a continuance that plaintiffs refused to grant.
“The city has committed to reviewing millions of documents and releasing information to the public to provide answers that have been lingering for nearly 25 years, but that cannot happen overnight,” mayoral spokesman Sam Raskin stated.
Attorney Andrew Carboy filed the FOIL request three years prior on behalf of 9/11 Health Watch, survivors, and families of individuals who died from illnesses related to exposure to World Trade Center toxins. The lawsuit seeks to determine what city officials knew about Ground Zero air quality dangers and when they learned that information.
Mayor Mamdani announced that $34 million was added to the city’s budget to create an online portal for public access to documents regarding post-9/11 air quality and health risks. Mamdani stated the first documents will be available by September 25, 2026, the 25th anniversary of the attacks.
“For too long, New Yorkers who have become sick have had to fight for information that should have been theirs from the very beginning,” Mamdani said. “We will provide the transparency that New Yorkers living with post-9/11 health concerns deserve.”
Carboy expressed skepticism regarding the city’s dismissal motion and portal announcement. The city’s Department of Environmental Protection previously claimed to possess no 9/11 toxin documents, then discovered 68 boxes of materials in November 2025 during an office remodeling project.
“After years of delaying Congressional inquiries and requests for documents from 9/11 Health Watch, the mayor’s office needs additional time? They need to get their stories straight,” Carboy stated.
Carboy characterized the city’s reasoning as contradictory. “The current administration is treating the public like morons. The days and months after 9/11 were the most successful part of Mayor Giuliani’s career, and the official position of the Mayor’s office is that none of those records exist?”
Benjamin Chevat, executive director of 9/11 Health Watch, expressed conditional support for the mayor’s transparency initiative while raising concerns. “We would be happy to applaud the mayor’s action, but we still have questions concerning the Law Department’s intentions. We remain hopeful that Mayor Mamdani can answer: what did the city know about health hazards posed by World Trade Center contaminants and when did it learn that information?”
Every mayor between Rudolph Giuliani and Eric Adams fought requests for release of 9/11 studies and documents, claiming the materials could not be located. City officials previously cited concerns that releasing documents would trigger litigation by survivors and first responders suffering from 9/11-related illnesses.
More than 9,000 people have died from illnesses attributed to exposure to World Trade Center toxins and contaminants, according to Centers for Disease Control data.
The U.S. Center for Disease Control’s WTC Health Program has enrolled more than 140,000 first responders and survivors. Approximately 81,000 have certified conditions linked to World Trade Center exposure.
Most enrolled participants have not filed lawsuits because they have already signed waivers agreeing not to pursue legal action in exchange for benefits provided through the WTC Health Program and the 9/11 Victim Compensation Fund, according to city officials.