Can’t sue UCC for Bhopal plant contamination, rules US court

EarthRights said that as per the court’s ruling, Union Carbide cannot be sued despite evidence that construction of the plant was managed by an employee of the company.

EarthRights expressed confidence that there is enough evidence against Union Carbide that will lead to a reversal of the “erroneous decision on appeal”.

The lawsuit had also added the state of Madhya Pradesh, which owns the site of the former Bhopal plant, as a defendant and had sought that Madhya Pradesh also cooperate in clean-up of the site.

US District Judge John Kennan said in his 45-page ruling on July 30 that, “The only relief plaintiffs seek against Madhya Pradesh is an injunction directing them to cooperate in clean-up of the site ordered by this Court against UCC.

“Because I conclude that there is no basis to hold UCC liable for Plaintiffs’ damage, there will be no court-ordered cleanup in this action, and thus, no basis for enjoining Madhya Pradesh. It is therefore appropriate to enter judgment in favor of the state (in) the amended complaint,” the judge said in his ruling.

A poisonous gas leak from the Union Carbide plant killed over 5,000 people on the night of December 2-3, 1984 and EarthRights said UCC had “largely abandoned” the site, allowing toxic wastes to seep into the local water supply.