Second Circuit· 4/22/2008

Benzman v. Whitman

Citations

523 F.3d 119
38 Envtl. L. Rep. (Envtl. Law Inst.) 20096
2008 U.S. App. LEXIS 8656
2008 WL 1788401

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that federal disaster response and cleanup efforts implicate the special factors needed to preclude a Bivens cause of action
holding that a “completed cleanup program [could not] be effectively remedied under section 706(2) because a court cannot undo a completed program
suggesting that statute providing cause of action for claims “arising out of’ the September 11 attacks may cover claims that government officials misrepre sented air-quality risks following the attacks
finding that, in light of competing public policy considerations, a state-created danger claim could only succeed if plaintiff alleged that the government \acted with intent to harm\
concluding that the “District Court properly determined that the Plaintiffs have met none of the criteria for a writ of mandamus” in part because “[t]he Plaintiffs’ claim for mandamus duplicates the APA count, both as to the underlying allegedly mandatory duties and as to the relief sought”
observing that “right of federal agencies to make discretionary decisions when engaged in disaster relief without the fear of judicial second-guessing” raises separation-of-powers concern cautioning hesitation in extending Bivens (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Cabranes

Read full opinion on CourtListener

Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

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