In April 2008, the United States Court of Appeals for the Second Circuit overruled the district court, holding that as EPA administrator, Whitman could not be held liable for assuring the World Trade Center area residents that the air was safe for breathing after the buildings collapsed. The court ruled that Whitman had based her statement on contradictory information from President Bush. The U.S. Department of Justice had argued that holding the agency liable would establish a risky legal precedent because such holding would make public officials afraid of making public statements.