Source:
Boston Globe / Associated PressFEMA seeks immunity from suits over trailers
By Michael Kunzelman
Associated Press / July 24, 2008
NEW ORLEANS - The Federal Emergency Management Agency asked a federal judge yesterday for immunity from lawsuits over potentially dangerous fumes in government-issued trailers that have housed tens of thousands of Gulf Coast hurricane victims.
Lawyers for victims of hurricanes Katrina and Rita accuse FEMA of negligence for sheltering them in trailers with elevated levels of formaldehyde, a preservative used in construction materials that can cause health problems.
But a government lawyer told US District Judge Kurt Engelhardt that the FEMA's decisions in responding to a disaster, including its use of travel trailers after Katrina, are legally protected from "judicial second-guessing."
"It is what the legislative branch is supposed to second guess, and they are doing that," Department of Justice attorney Henry Miller said, referring to a series of congressional hearings on formaldehyde concerns.
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