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Junkie
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Quote:
Originally Posted by roachboy
right. in the way that union carbide did not walk away from bhopal. in the way that royal dutch shell did not walk away from the niger river delta. it never happens. capitalism is wonderful. ask the people who live in the delta or bhopal.
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Read what I wrote and read this:
Quote:
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The 1984 gas leak in Bhopal, India, was a terrible tragedy that understandably continues to evoke strong emotions even 25 years later. In the wake of the release, Union Carbide Corporation worked diligently to provide immediate and continuing aid to the victims and set up a process to resolve their claims – all of which were settled 18 years ago at the explicit direction and with the approval of the Supreme Court of India.
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Bhopal Information Center
Quote:
1984
Dec 3
The Bhopal Gas Tragedy
Shortly after midnight, methyl isocyanate (MIC) gas leaks from a tank at the UCIL Bhopal plant. According to the state government of Madhya Pradesh, approximately 3,800 people die and several thousand other individuals experience permanent and partial disabilities.
Dec 4
Immediate Action
Word of the disaster is received at Union Carbide headquarters in Connecticut. Chairman and CEO Warren Anderson, together with a technical team, depart to India to assist the government in dealing with the incident. Upon arrival, Anderson is placed under house arrest and urged by the Indian government to leave the country within 24 hours.
Union Carbide organizes a team of international medical experts, as well as supplies and equipment, to work with the local Bhopal medical community.
The UCC technical team begins assessing the cause of the gas leak.
Dec 14
Warren Anderson testifies before Congress. He stresses UCC commitment to safety and promises to take actions to ensure that a similar incident “cannot happen again.”
1985
Feb
Interim Relief
Union Carbide establishes a fund for victims of the tragedy -- the (UCC) Employees' Bhopal Relief Fund -- that collects more than $120,000.
UCC sends more medical equipment to Bhopal.
Mar
Study Launched
UCC launches a disaster program to study the effects of over-exposure to MIC.
Bhopal Gas Leak Act
Government of India (GOI) enacts the Bhopal Gas Leak Disaster Act that enables the GOI to act as the legal representative of the victims in claims arising of or related to the Bhopal disaster.
Cause of the Incident
UCC Technical team reports that a large volume of water was introduced into the MIC tank and triggered a reaction that resulted in the gas release. Independently, a committee of experts for the Indian government arrives at the same conclusion.
Apr
Union Carbide Offers $7 Million Interim Relief
UCC offers $5 million in relief for victims before the U.S. District Court, bringing the total to date to $7 million.
Government of India Rejects Union Carbide Relief
Government of India rejects UCC offers of aid for Bhopal victims.
June
Additional Aid
UCC funds participation of Indian medical experts in meetings to obtain information and the latest medical treatment techniques for victims.
July
Additional Analysis
Core samples confirm that water triggered the reaction, which led to the gas release.
1986
Jan
Union Carbide Funds Hospital
Union Carbide offers $10 million to the Indian government for building a hospital to aid the victims in Bhopal.
Mar
Union Carbide Proposes $350 Million as Settlement for Victims and Families
Union Carbide proposes a settlement amount of $350 million that will generate a fund for Bhopal victims of between $500-600 million over 20 years. Plaintiffs’ U.S. attorneys endorse amount.
May
Bhopal Litigation Transferred to India
U.S. District Court Judge transfers all Bhopal litigation to India. Decision is appealed.
1987
Jan
U.S. Court of Appeals Affirms Transfer of Litigation to India
The court rules that UCIL is a separate entity, owned, managed and operated exclusively by Indian citizens in India.
Mar
Government of India Closes Vocational Technical Center
The Government of India closes and razes the Bhopal Technical and Vocational Training Center built by Arizona State University after determining that Union Carbide Corporation supplied funds for the project.
Aug
Union Carbide Announces Humanitarian Relief
Union Carbide offers an additional $4.6 million in humanitarian interim relief for immediate rehabilitation of Bhopal victims.
1988
Jan–
Dec
Litigation in India
Throughout 1988, arguments and appeals take place before the Indian Courts regarding compensation for the victims. In November, the Supreme Court of India asks the Government of India and UCC to reach a settlement, and tells both sides to “start with a clean slate.”
May
New Evidence on Causation
Independent investigation by the engineering and consulting firm Arthur D. Little, Inc., concludes that the gas leak could only have been caused by sabotage; someone intentionally connected a water hose to the gas storage tank and caused a massive chemical reaction.
1989
Feb
Final Settlement at $470 Million
The Supreme Court of India directs a final settlement of all Bhopal litigation in the amount of $470 million, to be paid by March 31, 1989. Both the Government of India and Union Carbide accept the court's direction. UCC pays $420 million; UCIL pays the rupee equivalent of $50 million (including $5 million of interim relief previously paid).
Union Carbide Makes Full Payment
Within 10 days of the order, UCC and UCIL make full payment of the $470 million to the Government of India.
May
Supreme Court of India Renders Opinion
The Supreme Court, in a lengthy opinion, explains the rationale for the settlement and emphasizes that the compensation levels provided for in the settlement are substantially higher than those ordinarily payable under Indian law.
Dec
Government of India To Act on Behalf of Victims
The Supreme Court upholds the validity of the “Bhopal Gas Leak Disaster Act of 1985” that authorized the Government of India to act on behalf of the Bhopal gas leak victims.
1990
Jan–
Dec
Supreme Court of India Proceedings Aim to Overturn Settlement
Hearings are held throughout year on activist petitions to overturn the settlement agreement.
Nov
State Government Prepares List of Victims To Be Compensated
The State Government of Madhya Pradesh submits to the Supreme Court of India the completed categorization of the claims of all of the victims. The State determines that, in addition to the victims who suffered various levels of disabilities, the incident resulted in 3,828 deaths.
Dec
Supreme Court Hearings Conclude
Court concludes review of petitions seeking to overturn settlement.
1991
Oct
Supreme Court Confirms the Settlement and Closes Legal Proceedings
The Supreme Court of India upholds the civil settlement of $470 million in its entirety and sets aside portion of settlement that quashed criminal prosecutions that were pending at the time of settlement. The Court also:
* Requires Government of India to purchase, out of the settlement fund, a group medical insurance policy to cover 100,000 persons who may later develop symptoms;
* Requires Government of India to make up any shortfall, however unlikely, in settlement fund;
* Gives directions concerning the administration of settlement fund;
* Dismisses all outstanding petitions seeking review of settlement; and
* Requests UCC and UCIL to voluntarily fund capital and operating costs of a hospital in Bhopal for eight years, estimated at approximately $17 million, to be built on land donated by the state government.
UCC and UCIL agree to fund the hospital, as requested.
1992
Apr
Union Carbide Sets Up Trust Fund
UCC announces plans to sell its 50.9 percent interest in UCIL.
UCC establishes charitable trust to ensure its share of the funding to build a hospital in Bhopal and fund operations for up to eight years.
1993
Oct
U.S. Supreme Court Denies Hearing on Legal Standing
The U.S. Supreme Court declines to hear appeal of lower court, thereby affirming that Bhopal victims may not sue for damages in U.S. courts.
1994
Apr
Union Carbide To Sell Stake in Union Carbide India Limited
Supreme Court of India allows UCC to sell all its shares in UCIL so that assets can be used to build Bhopal hospital.
Nov
Union Carbide Completes Sale
UCC completes the sale of its 50.9 percent interest in UCIL to McLeod Russell (India) Ltd. of Calcutta.
Dec
Union Carbide Fulfills Initial Commitment
UCC provides initial $20 million to charitable trust for Bhopal hospital.
1995-1999
Charitable Trust Builds Hospital
Hospital charitable trust begins facility construction in October 1995.
UCC provides approximately $90 million from the sale of all its UCIL stock.
By 1999, the trust has $100 million. Building is completed and physicians and medical staff are being selected. The hospital will have facilities for the treatment of eye, lung and heart problems.
2001
Hospital Opens to the Public
The Bhopal Memorial Hospital and Research Centre, funded largely by proceeds from UCC sale of all its UCIL stock, begins treating patients.
2004
July
Supreme Court of India Orders Release of Remaining Settlement Funds to Victims
Fifteen years after reaching settlement, the Supreme Court of India orders the Government of India to release all additional settlement funds to the victims. News reports indicate that there is approximately $327 million in the fund as a result of earned interest from money remaining after all claims had been paid.
2005
Apr
Supreme Court of India Extends Deadline for Release of Remaining Settlement Funds
The Supreme Court of India grants a request from the Welfare Commission for Bhopal Gas Victims and extends to April 30, 2006, the distribution of the rest of the settlement funds by the Welfare Commission. News reports indicate that approximately $390 million remains in the fund as a result of earned interest.
Dec Court Dismisses 2 Claims in Janki Bai Sahu Case
U.S. Federal District Court dismisses two of three claims in Janki Bai Sahu case; this is, damages for alleged personal injuries from exposure to contaminated water and remediation of the former UCIL plant site. (See Nov. 2006 for information on third claim.) Case originally was filed in November 2004.
2006
Aug
U.S. Court of Appeals Upholds Dismissal of 8-Year-Old Bano Case
The Second Circuit Court of Appeals in New York upholds the dismissal of the remaining claims in the case of Bano vs. Union Carbide Corporation, thereby denying plaintiffs’ motions for class certification and claims for property damages and remediation of the Bhopal plant site by Union Carbide. The ruling reaffirms UCC’s long-held positions and finally puts to rest -- both procedurally and substantively – the issues raised in the class action complaint first filed against Union Carbide in 1999 by Haseena Bi and several organizations representing the residents of Bhopal, India.
Sep
Bhopal Welfare Commission Reports All Initial Compensation Claims and Revised Petitions Cleared
India media report states the “registrar in the office of Welfare Commissioner... said that all cases of initial compensation claims by victims of the 1984 Bhopal gas tragedy have been cleared…. With clearance of initial compensation claims and revision petitions, no case is pending.…”
Oct
Madhya Pradesh State Government To Prepare Drinking Water, Healthcare, Environmental Rehabilitation Plan
Indian media report says the state government of Madhya Pradesh will “chalk out an action plan in the next two months for providing drinking water, adequate healthcare and economic and environmental rehabilitation to survivors of the Bhopal gas tragedy….”
Nov
U.S. Federal District Court Dismisses Last Claim in Sahu Case
Federal District Court dismisses remaining claim in Janki Bai Sahu case, which sought to hold UCC liable for the acts of UCIL. Case originally was filed in November 2004. Two other claims associated with the case were dismissed in December 2005.
Dec
Appeal Filed in Janki Bai Sahu Case
Plaintiffs file appeal in the case before Second Circuit Court of Appeals. Awaiting date for oral arguments.
2007
Mar
New Class Action Lawsuit Filed in New York Federal Court
Jagarnath Sahu et al v. UCC and Warren Anderson seeks damages to clean up six individual properties allegedly polluted by contaminants from the Bhopal plant, as well as the remediation of property in 16 colonies adjoining the plant. Suit has been stayed pending resolution of appeal in Janki Bai Sahu case. This new suit may be dismissed if the Court of Appeals affirms the decision of the District Court in the pending appeal of the Janki Bai Sahu case.
2008
May
Arguments Heard in Janki Bai Sahu Appeals Case
The Second Circuit Court of Appeals in New York hears oral arguments in Janki Bai Sahu appeals case. Original case filed in November 2004. Two claims associated with case were dismissed in December 2005 and the last remaining claim was dismissed in November 2006.
Nov
Sahu Appeals Case Remanded to District Court for Further Limited Activity
Second Circuit Court of Appeals sends back the Janki Bai Sahu case to the U.S. District Court in Manhattan for limited further activity based strictly on procedural grounds. The Second Circuit did not discuss the merits of the case or the merits of the trial judge's ruling of dismissal.
2009
Feb
Court Rejects Mediation Request in Janki Bai Sahu Case
U.S. Federal District Court in New York declines to order mediation in the Janki Bai Sahu case as requested by plaintiffs. The ruling affirms Union Carbide’s position that after years of court proceedings, this case in now in its final stages and, given the time commitments already made the courts, the Sahu case should complete its course through the courts.
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CHRONOLOGY
Walk-away?
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"Democracy is two wolves and a sheep voting on lunch."
"It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion."
"If you live among wolves you have to act like one."
"A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers."
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