Newly Released 9/11 Memo Raises Concerns About NYC's Toxic Air Response

The memo reportedly shows city leaders were preparing for lawsuits over toxic air claims, contradicting public messaging at the time.

Published on Feb. 5, 2026

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A newly released memo reportedly shows that in the month following the 9/11 attacks, New York City leaders were preparing for possible lawsuits they thought could arise from claims of toxic air. This would contradict public messaging at the time from officials saying the air was safe, which is now known to be untrue. The nonprofit 9/11 Health Watch recently obtained the so-called "Harding Memo" and is calling for the release of all related records.

Why it matters

This memo raises questions about what city officials knew about the air quality in the aftermath of 9/11 and whether they were transparent with the public. It could have major implications for ongoing lawsuits and health issues related to the toxic exposure experienced by first responders and residents in the area.

The details

The "Harding Memo" was addressed to then-Deputy Mayor Robert Harding and discussed "legislative alternatives to limit the City's liability relating to 9/11/01." It reportedly stated that, according to the law department, potential lawsuits could arise from people claiming toxic exposure or that rescue workers were provided with faulty or no equipment. However, the document does not provide details about the actual air quality or equipment used at the time.

  • The memo was reportedly sent in the month following the 9/11 terrorist attacks.
  • In November, the city said 68 boxes of materials were discovered, but 9/11 Health Watch didn't get the memo from the city until they obtained it from the personal papers of a late investigative reporter.
  • The City Council passed legislation in July 2025 ordering a two-year 9/11 documents investigation.

The players

Robert Harding

The then-Deputy Mayor of New York City who the memo was addressed to.

Rudy Giuliani

The former Mayor of New York City at the time of the 9/11 attacks.

9/11 Health Watch

A nonprofit organization that recently obtained the "Harding Memo" and is calling for the release of all related records.

Andrew Carboy

An attorney representing 9/11 Health Watch in a Freedom of Information lawsuit against the city's Department of Environmental Protection.

Matthew McCauley

An attorney representing 9/11 Health Watch.

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What they’re saying

“We're here not to tell people what to think. We're here to show people what the city has fought us for 25 years to produce.”

— Andrew Carboy, Attorney, 9/11 Health Watch (CBS News New York)

“There's so much more work to do that we can do with these records to show what was out there.”

— Matthew McCauley, Attorney, 9/11 Health Watch (CBS News New York)

“We need to know who knew that the air was contaminated, who knew that they were aware there was going to be a problem, and who kept their mouths shut for 25 years while people got sick.”

— Andrew Ansbro, President, Uniformed Firefighters Association (CBS News New York)

“Hearing after hearing after hearing, and we were told, yes, the air was safe to breathe.”

— Julie Menin, City Council Speaker (CBS News New York)

What’s next

Corporation Counsel nominee Steve Banks testified that he will be conducting a full review of the issue if he is confirmed, which will include seeing what records exist and what records can be released.

The takeaway

This newly released memo contradicts the public messaging from New York City officials at the time, raising serious questions about what they knew regarding the air quality and safety in the aftermath of the 9/11 attacks. The ongoing efforts by 9/11 Health Watch to uncover the truth and obtain all relevant records could have significant implications for past and future lawsuits, as well as the health of first responders and residents who were exposed to the toxic environment.