RESPONDING TO A CATASTROPHY LEGAL ISSUES ENCOUNTERED AFTER

RESPONDING TO A CATASTROPHY LEGAL ISSUES ENCOUNTERED AFTER 9/11 AND THE ANTHRAX SCARES

Introduction Ø A Description of Some Legal Issues Encountered After 9/11 and the Anthrax Scares l l l Ø Wilfredo Lopez—General Counsel for Health, New York City Department of Health and Mental Hygiene Gabriel Taussig—Chief, Administrative Law Division, New York City Law Department Richard Mc. Nelis—Associate General Counsel, Bio-T Attorney, Florida Department of Health Pending Litigation—WTC Unit l l Air Quality Worker/Volunteer Protection

9/11 Ø A Displaced Law Office Ø Death Certificates Ø Health and Building Safety Issues in the Area Surrounding Ground Zero Ø Returning Property

A Displaced Law Office – New York City Law Department Ø One Block North of Ground Zero Ø 650 Lawyers Displaced Ø Communications – IT, Mail, Telephone Ø Offices – 40 Locations Ø Access – Files, Clients, Courts Ø Declarations of Emergencies Ø Counseling Ø Litigating

Death Certificates Need – Insurance, Inheritance, Other Benefits Ø Lack of Biological Evidence of Death Ø Role of Medical Examiner – Generally to Ascertain the Manner and Cause of Death Ø Authority to Declare Fact of Death – Usually MD, Court Ø Court Proceedings in Surrogate’s Court – Mayoral Determination Ø Need For Case and Controversy – ME vs. DOH Ø

Death Certificates (cont. ) Ø Volunteer and Law Department Lawyers l l Assist Families and Friends to Gather Information Draft Affidavits to Support Applications for Court Orders Law Department Review and Filing of Applications Some Rejections and Referrals for Fraud Prosecutions

Death Certificates (cont. ) Burial Desk Relocated and Operational by 4 pm on 9/11/01 to Process the Ongoing Need for Birth and Death Certificates Ø First WTC Death Certificate Court Order Issued on 10/09, and the First Court-ordered Death Certificate Issued on 10/10 Ø 2749 WTC Deaths, 2746 in NYC, 399 Death Certificates Issued Without Court Orders, 2347 Court Orders and Resulting Death Certificates Ø 1186 of the 2347 Were Amended After Biological Evidence Was Identified Ø 1161 Remain as Court-ordered Death Certificates With No Biological Evidence Ø None Have Been Rescinded Due to Fraud Ø

The Surrounding Area—Health and Safety Structural Integrity Ø Falling Debris Ø Accumulated Debris Ø Access Issues – Buildings, Frozen Zone Ø Who Does the Work? Ø Emergency Procurement Ø l Ø Sidewalk Sheds, Roof Cleanups, Building Structures Confiscating Perishables

Returning Property Ø Vehicles l l l Insurance Cleaning City Vehicles Ø Victims’ and Survivors’ Personal Property