28 June 2012

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Bhopal Gas disaster US Court Union Carbide Corporation (UCC), Warrant Anderson not liable not guilty

Bhopal Gas disaster US Court Union Carbide Corporation (UCC), Warrant Anderson not liable not guilty

New York
Year – 1984 Bhopal Gas tragedy

Gas leak in Bhopal in December 1984 killed thousands of people.
The gas leak caused soil and water pollution which affected over 40,000 people living in the vicinity of the plant.

US District Court in Manhattan, New York City has held that neither Union Carbide nor Anderson was liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.
It was Union Carbide India Ltd that owned the plant and not the parent company UCC

The court ruled that Union Carbide is not liable for any claims made by plaintiffs Janki Bai Sahu and others.

Court also said that since Union Carbide sold its stake in the India unit, it's not liable for the clean-up.

The court in its order said that UCIL consulted with UCC about its waste disposal plans and on non-environmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC’s approval for the actions about which plaintiffs complain,”

Referring the KFC case, judge said that legally the mere assertion that a corporate parent is or was involved in the decision-making process of its subsidiary, or that it controlled the legitimate policies of its subsidiary, will not shift liabilities among distinct corporate entities.

In 1994, UCC sold its stake in Union Carbide India Ltd, after which time UCIL changed its name to Eveready Industries India Ltd (EIIL).

In 1998, EIIL terminated its lease of the Bhopal Plant site and surrendered the property to the state government of Madhya Pradesh.

Suggested Reading –

Bhopal gas tragedy and investigation – Complete Report – Time Line

Reality views by sm –

Thursday, June 28, 2012

Tags – Bhopal Gas Case


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