"In 2023, seven different agencies, including Department of Environmental Protection, were sent a request for 28 separate items. The inquiry asked for documents related to testing done in the early days after the attack, decision-making into reopening evacuated areas of Lower Manhattan, the correspondences and testing to reopen schools near the World Trade Center, materials for then-Mayor Rudy Giuliani's daily press briefings, and conversations about liability risk for the city."
"In January 2024, Carboy received an email from the Department of Environmental Protection, or DEP, that his request for documents was denied. "This agency does not have the records requested. You should direct your request to a different agency," reads part of the denial email. It noted Carboy had the opportunity to appeal the ruling, which he did. Less than a month later, Carboy received a letter from the DEP FOIL appeals officer, Russell Pecunies."
The Department of Environmental Protection initially denied having records about air quality following the September 11 attacks. A 2023 FOIL request to seven agencies sought 28 items including early testing, reopening decisions for Lower Manhattan and nearby schools, press materials from then-Mayor Giuliani, and city liability discussions. In January 2024 DEP emailed a denial and a FOIL appeals officer certified that a diligent search found no responsive records. Attorney Andy Carboy filed a lawsuit on behalf of 9/11 Health Watch. After litigation, DEP acknowledged locating boxes of documents believed to contain relevant information.
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