Bhopal Site Cleanup Faces Opposition

On the night of December 2, 1984 the worst peacetime chemical disaster in history took place in Bhopal, India. Inadequate safety systems allowed twenty-seven tons of lethal gas to escape from Union Carbide’s pesticide factory during a water leak. The lowest figures estimate the death tolls at 8,000 and lingering toxic exposure has affected over 150,000 people with birth defects, cancer and other medical ailments. Dangerous chemical waste still sits in the ground Now, after 20 years of neglect, a site cleanup has finally been proposed. This seems like a perfect solution to a difficult problem. However, against all expectations, there are objections. Even more puzzling, they come from the Bhopal residents themselves.

The abandoned Union Carbide Methyl Isocyanate (MIC) plant in Bhopal India

Since the disaster, Dow Chemical acquired Union Carbide. Some Bhopal survivor groups have tried to convince Dow to come to India and face the problems. Dow has ignored them and refuse any further involvement with the site. Then in 2005, John Gallagher of the company Cherokee Investment Partners approached these groups with a proposal to assess the environmental damage.

One of two MIC reactor chambers

He proposed that the company perform the environmental assessment for free as part of their Cherokee Gives Back charity program. According to CEO Thomas F. Darden, the estimated cost of $1M is comparable to previous charitable donations.

Back in the U.S., they printed two articles in Engineering News Record, claiming not only that they would perform the assessment, but also lead the cleanup itself. The first article on March 20, 2006 estimated the cost of the cleanup to be $100M but the second on May 22, 2006 reduced this to $50M.

Local residents have defaced the walls of the plant, condemning Dow CEO Warren Anderson personally for his inaction

The survivor group, the International Campaign for Justice in Bhopal, was present during the discussions. One member, Rachna was surprised to read these claims since they had only discussed an environmental assessment with Cherokee. Rachna called it “double dealing,” saying “They were not straightforward with us. When they came here … they just wanted to do an assessment. But when they got back, they started advertising [that] they want to clean up Bhopal.” Rachna also discovered that Dow’s attorney had received copies of all their communications from Cherokee.” But despite their suspicion of Cherokee’s motives, survivors wanted the environmental assessment done.

All plant buildings have been completely empty for over 20 years

Rachna insists that Dow remains their main target: “Survivors would like the company who has done the pollution to pay for the cleanup.” The Indian Government seems to agree with this Polluter Pays principle. Their technical sub-committee unanimously decided that Dow should perform the cleanup. Cherokee avoids the question of responsibility, denying any connection to Dow. They promise complete transparency on this matter.

Sathina Sarangi of the Bhopal Group for Information and Action, feels that “if the Polluter Pays principle is upheld, [it] very clearly establishes the liability of Dow Chemical.” He seems optimistic about their chances, citing past cases in Africa, Nepal and Tamil Nadu where American companies were forced to clean up toxic sites based on Polluter Pays.

He continues: “Dow should take these contaminated wastes back to the U.S. for final disposal.” He feels that India does not have the expertise to handle the job and Cherokee may just “cap” the contaminated area with more soil instead of removing it. Cherokee states that they will take no profit in Bhopal so they have no motivation to cut costs. But the suspicion remains that Cherokee is cooperating with Dow to absolve them of liability in Bhopal and develop a profitable real estate venture at the same time.

Despite these concerns, Cherokee continues to publicly promote the full site cleanup. Survivor groups observe that the proposal is still under consideration and even the assessment may not proceed.