NEW YORK, NY December 11, 2007 —A federal appeals panel will decide whether the former head of the Environmental Protection Agency Christie Whitman can be held liable in a lawsuit against her. Whitman is accused of knowingly misleading the public when she said residents, workers and students could return to lower Manhattan. WNYC’s Fred Mogul has more.

At issue is whether a governmental official can be held financially liable for false statements, even if plaintiffs could prove those statements were intentionally misleading. Justice Department attorneys argued that if plaintiffs were allowed to sue federal officials in emergency situations, those officials would remain silent rather than risk misinforming the public.

Appeals Judge Jon Newman challenged them, asking if that meant the government had a legitimate interest in providing false assurance to the public. Newman also questioned the plaintiffs claim, saying it would be unprecedented to make an individual official liable for damages from a whole class. For WNYC, I’m Fred Mogul.