In the early hours of December 3,1984, one of the most deadly and poisonous gases, methyl isocyanate(MIC) leaked from the Union Carbide India Limited Bhopal plant. 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. The plant produced pesticides for use in India so as to increase the agricultural produce and to meet the food needs of the most populous regions of the country.
Chronology
December 3,1984 : Shortly after midnight MIC leaks from a tank of the UCIL. Many people in the city of Bhopal experienced irritation. According to sources, around 3800 people died and many thousands suffered permanent disabilities.
December 4,1984 : The shocking news of this disaster goes all the way to reach the Union Carbide Headquarters in Connecticut. Chairman and CEO Warren Anderson along with technical team reach India and is put under house arrest. The Union Carbide Corporation's technical team takes stock of the situation and reviews it. The people of Bhopal are given necessary medical assistance.
December 14, 1984: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 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 AidUCC funds participation of Indian medical experts in meetings to obtain information and the latest medical treatment techniques for victims.
July
Additional AnalysisCore 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 IndiaThroughout 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 MillionThe 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 OpinionThe 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 SettlementHearings are held throughout year on activist petitions to overturn the settlement agreement.
Nov
State Government Prepares List of Victims To Be CompensatedThe 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 ConcludeCourt concludes review of petitions seeking to overturn settlement.
1991
Oct
Supreme Court Confirms the Settlement and Closes Legal ProceedingsThe 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 FundUCC 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 SaleUCC completes the sale of its 50.9 percent interest in UCIL to McLeod Russell (India) Ltd. of Calcutta.
Dec
Union Carbide Fulfills Initial CommitmentUCC 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 VictimsFifteen 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 FundsThe 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 CaseU.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 CaseThe 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 ClearedIndia 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 PlanIndian 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 CasePlaintiffs 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 CourtJagarnath 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 CaseThe 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.
Chernobyl Accident
At 01:23 hrs on 26 April,1986, the most serious nuclear accident took place at the Chernobyl nuclear power plant , Ukraine near Keiv. The nuclear reactor was to be shutdown for regular maintenance on April 25,1986, a day before this tragic accident ocuured. The reactor operators decided to take advantage of the situation to counduct a very experiment. They wanted to find out whether in the loss of a station power, the emergency equipment could be operated until the diesel emergency power supply was operational.
The major striking similarity between the Bhopal gas tragedy and the Chernobyl accident and the factor which turned out to be the cause of the two major accidents was that all the safety measures were diasbled. This negligence grabbed the lives of millions and millions of people in Bhopal as well as in Chernobyl and have also left many people with permanent deformities.
The Chernobyl plant was of the RBMK design. A series of actions that deviated safety measures compunded by defects in the reactor design was the major cause of this accident.
Major reason of the accident
Positive void coefficientIn nuclear power plants, water is generally used to combat and to transport the heat generated.Positive void coefficient means that if there is increased steam production in any of the fuel channels either due to increase in power or decrease in flow of water, large amount of heat would be generated which would in turn lead to an increase in the rate of the nuclear fission reactions. Under certain circumstances, Under some conditions, particularly at low power levels, this would produce a positive feedback loop that makes the reactor prone to abrupt power surges.
In a recent interview, Mr. Vishnevskiy, Chairman, Gosatomnadzor (the State Regulatory Authority) of Russia stated that nobody could understand that such an accident could happen. Mr. Vishnevskiy was the Chief Inspector at the Balakova Nuclear Power Station when the accident occurred. The designers blamed the operators and the operators blamed the designers.
In an interview which appeared in the Journal Nuclear Engineering International, a physicist from Kurchatov Institute disputed the official reason.
Mr. Vishnevskiy said that the Russian Academy of Earth Sciences published another reason. According to them there was a localized earthquake close to unit 4; the bottom structure of unit 4 developed a crack.
Probable Sequence of Events
The exact physical sequence of events remains a matter of debate. But it is fairly certain that the sudden increase in heat production ruptured part of the fuel, which reacted with water and caused a steam explosion. A few seconds later there was another explosion. The nature of the second explosion is unresolved; different people have argued that it was a steam explosion, a hydrogen explosion, and a nuclear explosion, respectively. But clearly an immense amount of energy was released; estimates are in the range of 100-250 tonnes of TNT [Kiselev and Checherov 2001; Martinez-Val et al 1990].3 Though the RBMK design is often faulted for not having a structure to contain radioactive releases in the event of an accident, these calculated energy releases are so high that it is quite unlikely that any containment structure would have withstood such an explosion.
Whatever their nature, the two explosions sent radioactive fuel, reactor core components, and structural items into the air, producing a shower of hot and highly radioactive debris and exposing the damaged core to the atmosphere. The plume rose about one kilometre up in the air. Fires started in what remained of the unit 4 building and in adjacent buildings. Finally, the graphite that is used to slow down (moderate) neutrons in the reactor also caught fire. Efforts to put out the last fire proved ineffective and it burned for 10 days. The long duration had important health consequences.
The cloud from the burning reactor spread numerous types of radioactive materials, especially iodine and caesium radionuclides, over much of Europe. Iodine-131 has a short half-life (eight days) and largely disintegrated within the first few weeks of the accident. However, radioactive caesium-137, which contributes to both external and internal radiation doses, has a half-life of 30 years and has contaminated more than 2,00,000 square kilometres of Europe.6 Over 70 per cent of this area was in the three most affected countries, Belarus, Russia and Ukraine, home to about five million people. But even people in regions further away were affected, some considerably so.
Liquidators
Among the worst affected by the accident were the “liquidators” – those involved in emergency actions on the site during the accident and the subsequent clean up operations, and who were exposed to high radiation doses. It is estimated that up to about 6,00,000 people were involved in such activities [NEA 2002:13]. Also subjected to significant radiation doses were the over 1,00,000 people, mostly from within a radius of 30 kms around Chernobyl, who were evacuated during the first few weeks following the accident. Finally, about 2,70,000 people continued to live in contaminated areas of the former Soviet Union, with high levels of caesium and requiring protection measures. All three population groups have undergone great suffering in terms of health, social conditions, and economic opportunity.
Chronology
December 3,1984 : Shortly after midnight MIC leaks from a tank of the UCIL. Many people in the city of Bhopal experienced irritation. According to sources, around 3800 people died and many thousands suffered permanent disabilities.
December 4,1984 : The shocking news of this disaster goes all the way to reach the Union Carbide Headquarters in Connecticut. Chairman and CEO Warren Anderson along with technical team reach India and is put under house arrest. The Union Carbide Corporation's technical team takes stock of the situation and reviews it. The people of Bhopal are given necessary medical assistance.
December 14, 1984: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 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 AidUCC funds participation of Indian medical experts in meetings to obtain information and the latest medical treatment techniques for victims.
July
Additional AnalysisCore 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 IndiaThroughout 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 MillionThe 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 OpinionThe 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 SettlementHearings are held throughout year on activist petitions to overturn the settlement agreement.
Nov
State Government Prepares List of Victims To Be CompensatedThe 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 ConcludeCourt concludes review of petitions seeking to overturn settlement.
1991
Oct
Supreme Court Confirms the Settlement and Closes Legal ProceedingsThe 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 FundUCC 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 SaleUCC completes the sale of its 50.9 percent interest in UCIL to McLeod Russell (India) Ltd. of Calcutta.
Dec
Union Carbide Fulfills Initial CommitmentUCC 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 VictimsFifteen 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 FundsThe 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 CaseU.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 CaseThe 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 ClearedIndia 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 PlanIndian 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 CasePlaintiffs 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 CourtJagarnath 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 CaseThe 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.
Chernobyl Accident
At 01:23 hrs on 26 April,1986, the most serious nuclear accident took place at the Chernobyl nuclear power plant , Ukraine near Keiv. The nuclear reactor was to be shutdown for regular maintenance on April 25,1986, a day before this tragic accident ocuured. The reactor operators decided to take advantage of the situation to counduct a very experiment. They wanted to find out whether in the loss of a station power, the emergency equipment could be operated until the diesel emergency power supply was operational.
The major striking similarity between the Bhopal gas tragedy and the Chernobyl accident and the factor which turned out to be the cause of the two major accidents was that all the safety measures were diasbled. This negligence grabbed the lives of millions and millions of people in Bhopal as well as in Chernobyl and have also left many people with permanent deformities.
The Chernobyl plant was of the RBMK design. A series of actions that deviated safety measures compunded by defects in the reactor design was the major cause of this accident.
Major reason of the accident
Positive void coefficientIn nuclear power plants, water is generally used to combat and to transport the heat generated.Positive void coefficient means that if there is increased steam production in any of the fuel channels either due to increase in power or decrease in flow of water, large amount of heat would be generated which would in turn lead to an increase in the rate of the nuclear fission reactions. Under certain circumstances, Under some conditions, particularly at low power levels, this would produce a positive feedback loop that makes the reactor prone to abrupt power surges.
In a recent interview, Mr. Vishnevskiy, Chairman, Gosatomnadzor (the State Regulatory Authority) of Russia stated that nobody could understand that such an accident could happen. Mr. Vishnevskiy was the Chief Inspector at the Balakova Nuclear Power Station when the accident occurred. The designers blamed the operators and the operators blamed the designers.
In an interview which appeared in the Journal Nuclear Engineering International, a physicist from Kurchatov Institute disputed the official reason.
Mr. Vishnevskiy said that the Russian Academy of Earth Sciences published another reason. According to them there was a localized earthquake close to unit 4; the bottom structure of unit 4 developed a crack.
Probable Sequence of Events
The exact physical sequence of events remains a matter of debate. But it is fairly certain that the sudden increase in heat production ruptured part of the fuel, which reacted with water and caused a steam explosion. A few seconds later there was another explosion. The nature of the second explosion is unresolved; different people have argued that it was a steam explosion, a hydrogen explosion, and a nuclear explosion, respectively. But clearly an immense amount of energy was released; estimates are in the range of 100-250 tonnes of TNT [Kiselev and Checherov 2001; Martinez-Val et al 1990].3 Though the RBMK design is often faulted for not having a structure to contain radioactive releases in the event of an accident, these calculated energy releases are so high that it is quite unlikely that any containment structure would have withstood such an explosion.
Whatever their nature, the two explosions sent radioactive fuel, reactor core components, and structural items into the air, producing a shower of hot and highly radioactive debris and exposing the damaged core to the atmosphere. The plume rose about one kilometre up in the air. Fires started in what remained of the unit 4 building and in adjacent buildings. Finally, the graphite that is used to slow down (moderate) neutrons in the reactor also caught fire. Efforts to put out the last fire proved ineffective and it burned for 10 days. The long duration had important health consequences.
The cloud from the burning reactor spread numerous types of radioactive materials, especially iodine and caesium radionuclides, over much of Europe. Iodine-131 has a short half-life (eight days) and largely disintegrated within the first few weeks of the accident. However, radioactive caesium-137, which contributes to both external and internal radiation doses, has a half-life of 30 years and has contaminated more than 2,00,000 square kilometres of Europe.6 Over 70 per cent of this area was in the three most affected countries, Belarus, Russia and Ukraine, home to about five million people. But even people in regions further away were affected, some considerably so.
Liquidators
Among the worst affected by the accident were the “liquidators” – those involved in emergency actions on the site during the accident and the subsequent clean up operations, and who were exposed to high radiation doses. It is estimated that up to about 6,00,000 people were involved in such activities [NEA 2002:13]. Also subjected to significant radiation doses were the over 1,00,000 people, mostly from within a radius of 30 kms around Chernobyl, who were evacuated during the first few weeks following the accident. Finally, about 2,70,000 people continued to live in contaminated areas of the former Soviet Union, with high levels of caesium and requiring protection measures. All three population groups have undergone great suffering in terms of health, social conditions, and economic opportunity.
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