Historic Court Ruling: NYC Acted “Arbitrarily and Capriciously” in Hiding 9/11 Toxic Exposure Records

For nearly 25 years, members of the 9/11 community have been asking a simple question: What did the City of New York know about the toxic dust and smoke unleashed by the collapse of the World Trade Center, and when did City officials know it? On May 28, 2026, a New York Supreme Court justice took a major step toward forcing the City to finally answer.

In a historic ruling, the Honorable James G. Clynes found that the New York City Department of Environmental Protection (DEP) acted “arbitrarily and capriciously” when it denied public records requests filed by the advocacy group 911 Health Watch under the state’s Freedom of Information Law (FOIL). The decision in Chevat v. New York City Department of Environmental Conservation marks the first legal victory in a years-long effort to pry open the City’s long-secret September 11th archive.

For the thousands of first responders, recovery workers, residents, students, and area workers still battling 9/11-related cancers and illnesses, this ruling is more than a procedural milestone. It’s a confirmation of the truth they have long suspected: that the City knew far more about the hazards downtown than it ever shared with the public, and that truth may now finally come to light.

The City Said the Air Was “Safe and Acceptable.” It Wasn’t.

In the days and weeks after September 11, 2001, federal and city officials repeatedly assured New Yorkers that air quality in Lower Manhattan was “safe and acceptable.” Residents returned to their apartments, office workers went back to their desks, and kids went back to school. First responders and construction workers continued the grim work of recovery, often without proper respiratory protection.

We now know those assurances were wrong. The pulverized concrete, glass, asbestos, lead, mercury, dioxins, PCBs, and other toxins released by the Twin Towers’ collapse have caused a generation of cancers, respiratory disease, digestive disorders, and other serious illnesses. The World Trade Center Health Program (WTCHP) covers nearly 70 different cancers and dozens of other conditions directly linked to that toxic exposure.

What the Court ruling helps confirm is that the City had reason to know better. The DEP, which served as the lead agency for the City’s 9/11 response and was tasked with protecting the public from airborne contaminants, possessed records about the true environmental hazards downtown even as City Hall told the public there was nothing to worry about. As 911 Health Watch noted in its court filings, then-Mayor Giuliani was simultaneously requesting liability protection from toxic exposure claims while his administration was telling everyone else that the air was fine.

68 Boxes, 340,000 Pages, and Years of Denials

The procedural history of this case is jaw-dropping. 911 Health Watch first filed its FOIL request with the DEP in September 2023, seeking records concerning the City’s risk assessments, its knowledge of airborne toxins, and the reopening of Lower Manhattan in the fall of 2001. For months, DEP officials, including the agency’s chief public records access officer, insisted under oath, through sworn statements and through the City’s lawyers, that no responsive records existed. The agency even moved to dismiss the case as a “baseless fishing expedition.”

Then, after 911 Health Watch sued, the City suddenly changed its tune. In September 2025, DEP admitted that it actually held 68 boxes containing roughly 340,000 pages of responsive records. Among those materials was a 2002 directive from the New York City Law Department instructing DEP to preserve all World Trade Center–related records after scanning them into a database. The records weren’t just real; they had been catalogued and stored electronically all along.

Justice Clynes was not impressed by the City’s about-face. He found DEP’s denial “arbitrary and capricious,” noting that the reasons it gave were “vague and conclusory” with no individualized reasoning. He also took the unusual step of ordering two DEP decisionmakers to appear for live questioning by 911 Health Watch’s attorneys on July 1 and July 8, 2026 – a remarkably rare order in any FOIL proceeding.

Why This Matters for 9/11 Survivors and Responders

Why does a procedural fight over old records matter to a retired firefighter battling lung cancer, or to a Lower Manhattan resident now facing a leukemia diagnosis? Because the historical record matters — morally, politically, and legally.

Across previous administrations, the City and its officials at various times denied that the air was toxic, denied that 9/11-related illnesses were legitimate, and denied that key documents were being withheld. As pro bono attorney Matthew McCauley, himself a 9/11 first responder, put it: “One by one, all those baseless and unsupported positions have collapsed.”

Today, those denials have been replaced by a sprawling federal safety net. The Victim Compensation Fund (VCF) provides tax-free financial awards for economic and non-economic losses tied to 9/11 illnesses, and the WTCHP provides free lifetime medical monitoring and treatment for covered conditions. Both programs are now authorized through 2090.

But these programs exist precisely because the people who lived, worked, studied, volunteered, and responded in Lower Manhattan in the days, weeks, and months after the attacks were exposed to a toxic stew that public officials minimized. Each new disclosure about what the City actually knew strengthens the case for ongoing protection, expansion, and full funding of these programs and reinforces the obligation we collectively owe to survivors and responders. 911 Health Watch is also pressing for $3 million in funding to allow the City Council’s Department of Investigation inquiry to be completed, an effort that deserves the new mayoral administration’s support.

How Do You Know if You Are Eligible for 9/11-Related Benefits?

As we approach the 25th anniversary of September 11, the 9/11 community continues to fight for transparency, accountability, and care. At Pitta & Baione LLP, we’re proud to stand with them. Our firm was founded by attorneys with deep roots in Lower Manhattan and Little Italy, and we have spent years helping responders, survivors, area workers, residents, students, and family members access the benefits and compensation they have earned.

If you lived, worked, attended school, volunteered, or responded anywhere south of Houston Street between September 11, 2001, and July 31, 2002, or if you served at Ground Zero, Fresh Kills, or along the debris removal routes, you may be entitled to free medical care through the WTCHP and significant compensation through the VCF, even if you have not yet been diagnosed. Family members of those lost to 9/11 illnesses may also qualify for wrongful death awards.

There are strict registration deadlines, and the documentation requirements are demanding. The good news: you do not have to navigate this alone. Learn more about eligibility for survivors and our claims process, as well as the important 9/11 benefits deadlines that may apply to your situation.

Contact a 9/11 Attorney Today for a Free Consultation

You were told the air was safe. It wasn’t. If you or a loved one were affected by a 9/11-related illness, contact our attorneys at Pitta & Baione LLP for a free, no-obligation consultation.

Call us or reach out through our online contact form. We never charge a fee unless we recover compensation for you, and our team will fight to make sure your claim is filed correctly, maximized, and protected.