FEMA Seeks Immunity From Suits Over Trailer Fumes

[Purveyor]

Source: Associated Press

(07-22) 15:23 PDT New Orleans (AP) --

The Federal Emergency Management Agency is requesting immunity from lawsuits filed on behalf of Gulf Coast hurricane victims who claim they were exposed to dangerous fumes while living in government-issued trailers.

On Wednesday, U.S. District Judge Kurt Engelhardt is scheduled to hear FEMA's bid to be dismissed from a series of consolidated cases filed against the federal government and the companies that supplied FEMA with tens of thousands of trailers after Katrina and then Rita in 2005.

Lawyers for Gulf Coast storm victims accuse FEMA of negligence for sheltering them in trailers with elevated levels of formaldehyde, a preservative used in construction materials that can induce breathing problems and is believed to cause cancer.

In court papers, FEMA's lawyers told the judge the agency is entitled to immunity from such claims challenging its response to disasters such as Katrina.

The federal government's lawyers said FEMA spent more than $2.5 billion to purchase more than 140,000 new trailers from recreational vehicle dealers and trailer manufacturers after the storms. They also said the agency relied on manufacturers to furnish the agency with a "safe, habitable, functional product."


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/07/22/national/a152329D89.DTL

[NewEnglandGirl]

1. FEMA should not have immunity from this liability

It was their responsibility to see that these people had safe living conditions. And even when they found out, they didn't remove the people from the trailers. These people could suffer lifelong illnesses due to the formaldehyde exposure. This is a disgrace.

[MadMaddie]

2. I agree with...Absolutely no immunity...they showed absolutely

no compassion for American citizens suffering.

[The Backlash Cometh]

5. Shouldn't the corpos be responsible too?

Every Republican crony tried to strap on the feedbag. Remember the cruise ship offers?

[NewEnglandGirl]

7. Absolutely

Wasn't it Carnival that tried to make a killing from the tragedy when other free offers had been turned away by our government?

[DCKit]

9. Government regulations allow the manufacture and use of those materials.

I'm sure safe alternatives are far more expensive so, to compete, the manufacturers used what was available and affordable.

Though I'm torn on the issue, these are people we're talking about and they have been harmed. The manufacturers should have ASKED for better regulation to make safe materials available.

"We didn't know" isn't going to fly as a defense if this goes to court. These materials are illegal for homebuilders because of formaldehyde and should no longer be on the market for any use.

[tridim]

3. Par for the BushCo course.

They're getting away with EVERYTHING.

[MadrasT]

4. Fuck immunity

No more immunity. The mere mention of the word is starting to become one of my "buttons". (Smoke starts to come out of my ears, blood pressure starts to rise, it's not pretty.)

How do we get immunity "Off the table"?

[frog92969]

6. Sounds like time for more "legislating"

:puke:

[Whoa_Nelly]

8. Hey! You give one governmental agency immunity, and pretty soon...

Anyone and everyone, from agencies to Congress to SCOTUS, and yes, even the ***gasp*** Executive Branch will seek and be granted immunity if FEMA gets let off the hook for this tragic "snafu".

Would use the sarcasm smiley, but somehow this rings all too true. :grr:

[rsmith6621]

10. FEMA seeks immunity from suits over trailer fumes

Source: AP



By MICHAEL KUNZELMAN, Associated Press Writer 48 minutes ago

NEW ORLEANS - The Federal Emergency Management Agency asked a federal judge Wednesday 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 attorney told U.S. 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."

?x=180&y=119&q=85&sig=HTbh0laVlX4KLJzFVrT5mw--

Read more: http://news.yahoo.com/s/ap/20080723/ap_on_re_us/toxic_trailers

---

FUCKERS

[Fearless]

11. Well who wouldn't...

Seek immunity. The justice comes from it being rejected by one of those "damn activist judges".

Time will tell...

[Lance_Boyle]

12. wait... how much can FEMA contribute to re-election campaigns?

Seriously though, unless FEMA manufactured the trailers, I don't see where they should have any liability in this. It's not like FEMA went in and sprayed formaldehyde after taking ownership of the trailers... if the manufacturers misused the chemical, the liability is theirs.