https://nambikaionline.wordpress.com/

https://nambikaionline.wordpress.com/
http://themalayobserver.blogspot.my

Sunday, April 10, 2011

Najib Justice for pekan voters is just political farce Bhopal and Chernobyl's Tragic Legacy




 
This Image is small because it is copyrighted. Click for larger 

  More support should be given to the various environmental groups which are protesting about the siting of the Australian mining company, Lynas Corporation, in Gebeng, Kuantan. If the Australians are smart enough to reject their own company’s proposals and promises, why should the Malaysian cabinet be foolish to accept the radioactive waste from Lynas and dump it on their rakyat’s laps?

So what if the Australians say the radioactive waste will be rendered safe. Why have their own citizens not accepted this argument? Why thrust this monster project onto us?
So what if the plant will generate RM5 billion projected to rise to RM8 billion in the subsequent years? The lives of our rakyat and the safety of our environment and all the living things that thrive in it are more important than seeing the Lynas project in mere ringgits and sens, and profit & loss.
Haven’t our Cabinet ministers learnt from the lessons of the Batu Merah tragedy? Vast areas of Papan and Bukit Merah are out of bounds to the public. Is this what the residents of Gebeng want?
What if the radioactive waste contaminates the groundwater in and around Gebeng? And kills off all the flora and fauna?
What is the point of a picture-postcard-perfect scenery like we have for Papan but the reality is that the area is lethal to humans and animals alike?
Lynas Corp has insisted that the rare earth ore to be refined in Gebeng has only two per cent of the radioactive element thorium that was present in the raw material used in Bukit Merah.
Three decades later, Bukit Merah is still struggling to contain the thorium hydorixide threat. Very few people know about this and hopefully the environmental groups will tell the Gebeng residents that all is not well in Bukit Merah.
If any of the Gebeng residents want proof, just ask any of the people who were originally involved in Bukit Merah.
A student is currently completing a PhD study on this problem. Doctors who treated the sick are also around to talk to. Some people were even locked away under the ISA for protesting about the damage and destruction of Bukit Merah.
It is disingenuous of former Prime minister Mahathir Mohamad to tell us that he disapproves of the Lynas Corp project because of the Asian Rare Earth plant in Bukit Merah.
Why did he set the hounds onto the NGOS and politicians who protested in the late 80s? Is he suddenly feeling guilty?
The Papan-Pusing-Siputeh Anti-Radioacative Waste Dump committee chairman Low Tong Hooi recently said: “Why is it only now that he (Mahathir) has admitted the radioactive dump is dangerous? In 1984, he maintained that the poorly constructed trenches for the waste in Papan in 1984 were safe”.
Low also claimed that Sahabat Alam Malaysia, Consumer Associa­tion of Penang and the Environmental Protec­tion Society of Malaysia sought expert help from America, Britain, Canada and Japan to declare the factory and the dump unsafe.
The Malaysian government ignored all these recommendations and started a decommissioning and decontamination exercise in the factory in 2003 and 2005. It was ONLY in January 2010 that they considered building a proper underground storage facility.
For anyone who is interested, the problem at Bukit Merah involves 80,000 drums of radioactive waste which contains thorium hydroxide. Each drum is 200 litres. These 80,000 drums are just ‘kept’ at the dump behind Papan town. They are not buried “deep in the ground” as claimed. It should be, but not yet as investigative reporters uncovered last year.
When Mahathir was Prime minister he deliberately misled us. So what is to stop Prime minister Najib Abdul Razak from deliberately misleading us today.
Against this backdrop why should we believe Lynas and Najib that all will be safe and well?


 A massive rare earth ore processing plant is on the cards, but a toxicologist warns that 'low or otherwise', radioactive waste is carcinogen.
KUALA LUMPUR: Undettered by what transpired in the past, the government is embarking on another project which has sparked off health concerns.
According to a New York Times (NYT) report, the government is pursuing a multi-billion ringgit investment in rare metals, which were key components in many hi-tech products.
Backed by the investment from Australian mining giant, Lynas, a massive processing plant would be constructed in Kuantan, Pahang, to produce metals used in products such as Apple’s iPhone, Toyota’s Prius and Boeing’s smart bombs.
Malaysian Atomic Energy Licensing Board director-general Raja Datuk Abdul Aziz Raja Adnan told NYT that the project was only approved after an inter-agency review and assurance that the imported ore and subsequent waste would have low enough levels of radioactivity to be manageable and safe.
However, toxicologist Dr T Jayabalan painted a bleak picture.
The doctor, who treated leukaemia victims whose illnesses he and others had attributed to the now-defunct Mitsubishi Chemicals plant in Bukit Merah, said that low or otherwise, exposure to such material remains hazardous.
“The word ‘low’ here is just a matter of perception – it’s a carcinogen,” he was quoted as saying.
NYT said while the new project was expected to generate RM5 billion worth of exports or nearly 1% of the Malaysian economy starting late next year “but as Malaysia learned the hard way a few decades ago, refining rare earth ore usually leaves thousands of tonnes of low-level radioactive waste behind.”
According to the newspaper, the Bukit Merah Asian Rare Earth plant was still quietly undergoing a US$100 million clean-up exercise despite having shut down in 1992.
This might be one of the major setbacks to the idea of building a rare earth ore processing plant in Kuantan but NYT said the Malaysian government gave the green light following assurance by Lynas that it could be done safely.
It further reported that Lynas had been give a 12-year tax holiday.
With the cost for the Kuantan plant estimated to be about RM690 million and with some 2,500 labourers being employed, the project could break China’s dominance of the market.
Ninety-five percent of the world’s rare earth ore comes from China and the plant in Pahang, the homestate of Prime Minister Najib Tun Razak, would be the first rare earth ore processing plant outside of the communist nation in three decades.
NYT said that Beijing’s “chokehold” over global rare metal production had in many instances been used as a “trade weapon”.
China’s two-month embargo on trade with Japan over a territorial dispute and recent moves to limit exports had propelled world prices of the material to record highs, sending industrial countries scrambling for alternatives, added the report.
Industries appear gung-ho about Lynas’ investment in Malaysia as it is expected to meet nearly a third of the world’s demand.



For far too long now, successive Malaysian governments have chosen to ignore the protests of the rakyat. People complain about the lack of transparency in how companies are awarded contracts. Others wonder how a one man outfit with a RM1 paid up capital, can be awarded, or even win contracts, which are worth several hundred million ringgits.
No one is suggesting that Lynas Corp is a two-bit company. Lynas Corporation is a legitimate concern, but what is questionable is how Lynas received approval to build.
First, there had been insufficient public consultation.
Second, the first public meeting was too technical.
Third, there was no follow-up from this first meeting.
Fourth, the two MCA Aduns returned from visiting the Lynas mine in Australia and thought the Lynas rare earth project safe. Did they present their views to the Kuantan residents?
Fifth. There had been no detailed Environmental Impact Assessment presented for public scrutiny.
Sixth. It was only after intense public opposition in Kuantan that the senior management in Lynas Australia felt it necessary to send their top brass to engage with the public. However, this has yet to be arranged.
Governments, both local and in Putrajaya have been known to dismiss the concerns of the residents.
It is not just for a several hundred million ringgit project like Lynas Corp. Even smaller ones are affected.
A good example when residents’ views are brushed aside can be seen in the proposed cable car-project in Maxwell Hill (Bukit Larut).
Perak Menteri Besar Zambry Abdul Kadir, said that the project would boost Perak's tourism industry despite protests from the public, environmentalists and non-governmental organisations that the project would destroy the fragile eco-system, damage the water catchment area and is unsafe because of landslips. .
Zambry said: "Environmental Impact Assessment report was not required as the project did not involve major development -- no trees would be felled or clearing of land and there would be minimal hill-cutting, adding that helicopters would be used during construction".
Perak’s Department of Environment (DOE) director Abu Hassan Mohd Isa echoed his puppet master and said that an EIA on the project was not necessary: “The project does not come under the provisions or conditions where an EIA is required prior to approval.”
Despite protests from the residents and environmental groups, both Zambry and the DOE dismissed the people and brushed aside the need for public consultation. The authorities did not agree with an EIA.
To add insult to injury, Zambry and Abu Hassan would rather listen to the developer than to the public. The authorities chose to ignore the developer’s clear conflict of interest.
Abu Hassan said: “We've discussed with the developer and stressed that development will not cause damage to the hill resort.”
Well two years ago, the residents of Kuantan may have been persuaded by the reassurances of Lynas and the state government.
However, the nuclear power plant disaster of Japan has put paid to that and raised our awareness on all things radioactive.
That is why when the panellists from the Atomic Energy Licensing Board (AELB), DOE and Nuclear Malaysia spoke at the latest public meeting, the officials’ repeated claims that public safety was a priority were greeted with sarcastic “oohhs” of feigned praise.
“I am on your side. I am trying to safeguard your interests,” pleaded the AELB director general Raja Datuk Abdul Aziz Raja Adnan.
If the rakyat refuses to listen, it is not their fault. It is the fault of the BN administration which has always ignored their protests in the past.

"I want people to see," said photographer Paul Fusco. "For Lida, it has to be as painful as possible." Lida is the mother of Aleysa Beoia, a seventeen-year-old girl who Fusco watched die in 2000, as he was shooting a collection of work called Chernobyl Legacy.
His photographs show horror in black and white: An intelligent, lively four-year-old with almost no lymphatic system, his limbs swollen into monstrous trunks; a toddler whose torso blossoms into a tumor that cannot be removed, since his kidneys are contained within it; a baby born with its brain outside its body; children slithering around the floor, wordless pack animals, groaning and rolling, eating from bowls like dogs.
Fusco spent many months, over three visits, exploring state-run facilities dedicated to taking care of children damaged by radiation. They receive suitable care and affection, but no education. Many were born years after the 1986 accident and handed over at birth by devastated parents.
"Everything, anything that can go wrong with a body was there, and more," says Fusco. "It's astonishing the amount, the different kinds of destruction. It was like looking at a different race."
While his work found an audience in Europe, he says it received little attention from the press in the United States. However, after last month's catastrophe at the Fukushima Da-ichi plant in Japan, some have stumbled upon his Chernobyl Legacy slideshow at the Magnum Photos website, with its haunting music and forthright narration, and, trying to make sense of the situation, linked to his photographs online. (Fair warning: The photos are graphic.)
After viewing the slideshow, a blogger comments, "I can't help but have a fearful heart for Japan." Writes another: "This is so shocking! Disturbing! But real, unfortunately! Why doesn't humanity learn from its mistakes?"
The International Atomic Energy Agency views the accident in Japan as one more serious than the partial core meltdown at Three Mile Island, but says it's nowhere near the scale of the disaster that occurred in Ukraine twenty-five years ago. Yet each day, tests detect more contamination. Low levels of iodine-131 and cesium-137 in the drinking water of several prefectures, albeit "at levels far below those that would initiate recommendations for restrictions of drinking water," are high enough to prompt warnings for infants. The Japanese Ministry of Health, Labor, and Welfare has detected very low-level contamination in spinach, leafy vegetables, and some meat. Individuals living within a 20 kilometer radius of the plant have been evacuated, and those who live within 30 kilometers have been asked to leave voluntarily.
The history of nuclear technology is as short as it is inscrutable; victims, witnesses, physicians, and governments can only speak in theory. Only a month after the accident, long-term health risks are described as "patchy" and "unclear," as officials begin testing the playgrounds of schools and nurseries. Just as a precaution.
At three years old, Aleysa Beoia ran out to play in the contaminated rain. At eleven, she was diagnosed with lymphoma, just one of the innumerable, horrific tricks that high-level or long-term radiation can play on the body of a living thing.
Paul Fusco, now 80, spoke to me by phone from his home in San Francisco. He is not a nuclear expert, nor is he an expert on the physical effects of radiation, nor the situation in Fukushima. Rather, he is a professional photographer, and witness to a tragedy that forever changed his life and work. It is from that place he speaks.
"We can't let this happen again, ever," he said. "All these innocent people, all they did was be born and live here. And look at what's happened to them."
His voice still cracks with emotion when he recounts the heartbroken mother sitting at the bedside of her teenaged daughter, so alert, bright, and beautiful just the day before, watching as she slipped into a coma and died.
"I think of Lida a lot," he said. "Because I tried to do her honestly."
He remembers asking her if he could photograph Aleysa, just before she passed away. "Yes," she screamed. "I want everyone to see what they've done!"
"The whole world should see those kids," said Fusco, "Because it's no good for any of us. Everything we make as human beings, nature eventually breaks.
Justice' for Bhopal is just political farce
By M J Akbar 


Trust me: if thousands of politicians, or their cousins, the nouveau riche, had died on that apocalyptic night in Bhopal, Anderson would still be in an Indian prison, rather than in America, protected by his company, and the company that his company keeps. But only the poor died in Bhopal. We treat our poor as dispensable chattel whose death is meaningless in the economic calculus, since there is no shortage of supply. Bhopal is class war.

Cynicism is never irrational. The irrational, often wrong, sometimes right, are impelled by instinct, heart or even conscience. Cynics are morality-proof. They prefer data to truth.

Delhi has set the gold standard for cynicism. It operates on four axioms: public memory is a dwarf; anger is effervescent; media can be massaged at the appropriate moment; any public crisis can be assuaged with crumbs, while the promotion of private interests continues off-screen.

Jairam Ramesh’s promise of a Green Tribunal in Bhopal is a classical instance of a crumb dipped in the pickle of hypocrisy. Where was this or any other tribunal in the last 26 years when the dead, the deformed and blind babies and the stillborn fetuses were a reminder that justice must be done? Or is this tribunal meant for the next onslaught by the dogs of chemical war upon the sleeping slums of Bhopal? Who was Veerappa Moily trying to fool when he claimed that the case against Warren Anderson had not been closed? Why doesn’t he keep the case open for a few more years, until God closes the chapter by taking Anderson away to whichever destination has been allotted to the butcher of Bhopal? A Group of Ministers has been appointed — merely to buy time until the return of amnesia.

The true Bhopal verdict was delivered within four days of the tragedy, in December 1984, not on June 7, 2010, when Anderson was smuggled out of Bhopal on a state government aircraft and then put on a plane to America. Since then we have witnessed a pretend-justice farce played out by government, police and the judiciary, including the Supreme Court. The last is most culpable, since we hold a Chief Justice of India like A M Ahmadi to higher standards of probity than we do politicians or policemen. Ahmadi got his proper thank you note after he retired.

Chief judicial magistrate Mohan Tiwari’s judgment served only one useful purpose. The sheer scale of its magnanimity towards the accused lit a fuse under the volcano of collective guilt. The lava is spewing from myriad crevices, scorching and burning many-layered masks that have hidden deceit for a generation. As memories were stoked, officials, some perhaps frustrated by the fact that their silence had not been rewarded, revealed how successive governments had intervened to slow down the judicial process and sabotage any chance of Anderson’s extradition. Union Carbide and its collaborators, including Indians of course, have sustained themselves with a lie, that it was an Indian disaster since the plant was built and run by Indians. The design is an exact replica of an American plant, and an American who was terrified of being tried in India was in charge of management.

The political establishment assumed that June 7 would be just another day in a long calendar, possibly punctuated by an occasional, futile scream. The court was fortified, and entry denied to petitioners, victims and media. My one memory of this courtroom, gleaned from television, shall be of the smug grin of an obese policemen laughing at two old women, their faces contorted by rage and frustration, who knew that the system which had stolen their lives had also cheated their children in death.

Trust me: if thousands of politicians, or their cousins, the nouveau riche, had died on that apocalyptic night in Bhopal, Anderson would still be in an Indian prison, rather than in America, protected by his company, and the company that his company keeps. But only the poor died in Bhopal. We treat our poor as dispensable chattel whose death is meaningless in the economic calculus, since there is no shortage of supply. Bhopal is class war.

Is it surprising — or not? — that while even the Obama administration jumped in with some gratuitous advice, Dr Manmohan Singh had nothing to say? Perhaps the Prime Minister would have been repetitive. In essence, the signal from Washington and Delhi is the same: forget the dead, get on with multinational life.

Barack Obama was not elected to ensure justice for the Indian victim. He is in the White House to protect American business, and defend the two-laws theory that motivates American international relations, whether in war or peace. When 11 American workers were killed in an oil rig blow-up in the Gulf of Mexico, Washington demanded $1.5 billion from BP. Nearly 20,000 dead in Bhopal, half a million affected, and the total compensation is $470 million. Do the math. Obama has promised to penalize BP for the current oil spill to the extent of many billions of dollars. Magistrate Manoj Tiwari wants only Rs 5 lakh as reparation from Carbide for mass slaughter.

When Exxon was fined $5 billion for the Alaska oil spill, nearly $40,000 was spent on the rehabilitation of every affected sea otter. The victims of Bhopal are, so far, entitled to $200 each.

Don’t do the math. It may turn you into a cynic.


Chronology

Updated November 2010
Union Carbide India Limited (UCIL) was established in 1934, when Union Carbide Corporation (UCC) became one of the first U.S. companies to invest in India. UCIL shares were publicly traded on the Calcutta Stock Exchange. UCIL was a diversified manufacturing company, employing approximately 9,000 people and operating 14 plants in five divisions.
The Bhopal plant was built in the late 1970's and was owned and operated by UCIL, an Indian company in which Union Carbide held just over half of the stock. Indian financial institutions and thousands of private investors in India owned the remainder of the stock.
The plant produced pesticides for use in India to help the country's agricultural sector increase its productivity and contribute more significantly to meeting the food needs of one of the world's most heavily populated regions.
1984
Dec 3
The Bhopal Gas TragedyShortly 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 ActionWord 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 ReliefUnion 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 LaunchedUCC launches a disaster program to study the effects of over-exposure to MIC.

Bhopal Gas Leak ActGovernment 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 IncidentUCC 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 ReliefUCC 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 ReliefGovernment of India rejects UCC offers of aid for Bhopal victims.
June
Additional AidUCC 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 HospitalUnion 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 FamiliesUnion 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 IndiaU.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 IndiaThe 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 CenterThe 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 ReliefUnion 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 PaymentWithin 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 Russel India Limited 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.
DecCourt 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.
Apr
1989 Settlement Reaffirmed:
Indian Supreme Court again reaffirms adequacy and finality of 1989 settlement.
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.



"

No comments:

Post a Comment