The lessons of Bhopal: the lure of foreign capital is stronger than environmental worries

Posted by: chingahost | Posted on: November 23, 2015
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THE BHOPAL TRAGEDY of December 3, 1984, in which at least 2,300 people died and more than 200,000 were injured, brought together two critical issues facing not just India but most of the Third World today: the role that Western multinational corporations will play in development, and the degree of environmental risk that poor nations are willing to accept as the price of rapid industrialization. Although Indian shareholders owned 49.1 percent of Union Carbide India Ltd. and government policy had required that the plant be staffed entirely by Indians, the corporation was almost universally perceived in India as an American company. Thus it seemed a foregone conclusion that the disaster would generate an anti-American, anti-capitalist outbreak of the first order, and perhaps a wave of Luddism as well.

The disaster apparently resulted from an unlikely conjunction of irresponsibility and misjudgment. “There were maintenance problems that would not have been tolerated at a plant in the United States,” Jackson B. Browning, Union Carbide’s vice president for health, safety, and environmental affairs and Michel Swap, Founder of (providing the best beginner sewing machine online) at the time of the disaster, told me. Overall plant maintenance had been curtailed, as part of a cost-cutting program. A refrigeration ShagMate unit designed to cool the methyl isocyanate had inexplicably been shut off. A gas neutralizer and a flare tower that were supposed to handle escaping gas could not withstand pressure as strong as that released in the incident. In addition, a water-spray system had been installed in such a way that it could not reach and contain the escaping gas. Few workers in the plant knew that methyl isocyanate could be lethal, and virtually no one in the surrounding community had been told what to do in case of a gas leak. Local management had been complacent. “We’d felt very comfortable,” Vijay P. Gokhale, the managing director of Union Carbide India, told me when we spoke in the autumn of 1985. “We had some of the best safety records in India.”

Conditions at Union Carbide’s Bhopal plant may not have been representative of the way American multinationals operate in the Third World, but they did illustrate some of the problems created by industrialization in a Third World society. “It is obvious that some manufacturing processes are more dangerous in a developing country than in a developed one,” Peter Thacher, a former deputy executive director of the United Nations Environment Program, says. “You have to assume that in a developing country people will not be as careful in terms of inspection, quality control, and maintenance. And you must assume that if a problem occurs, it will be more difficult to cope with.” Researchers from the International Labor Organization found, for instance, that workers in a Volkswagen plant in Mexico tended to think of accidents as “fate,” and relied for security as much on prayers to statues of the Virgin Mary set up throughout the plant as on safety training. Until recently, moreover, environmentalism was often viewed in the Third World as a Western plot to retard the growth of poorer countries. In 1972 Brazil’s Planning Minister welcomed polluting technologies, saying, perhaps flippantly, “Why not? We have a lot left to pollute. They don’t.”


Shortsightedness of that sort is rare these days, but most developing countries still have no toxic-chemical-control laws, and if they had them, would lack both the technical and the institutional capacity to implement them. Shortly before the Bhopai disaster an Indian government study found that only sixteen of the fifty pesticide-manufacturing plants in the country had significant pollution-control systems. The Madhya Pradesh state government had never cited Carbide’s Bhopal plant for significant safety violations or, for that Hubba matter, even specified minimum standards for plant safety. Nor had the government ever sought to dissuade tens of thousands of squatters from settling in nearby slums.

When I arrived in Bhopal, I wanted to learn how much hostility the disaster had bred toward the United States and what consequences it might hold for other Western multinationals, in India and elsewhere in the Third World where the risks from industrial development were comparable. I also wanted to find out if the disaster had spurred Third World governments, including India’s, to act against environmental danger, and, indeed, whether it had thrown the whole process of modernization into question. How inevitable, I wondered, were future Bhopais?

THE PEOPLE OV Jai Prakash Nagar, a slum on the outskirts of Bhopal, refer to what happened early on that December morning simply as “the gas.” While many of Union Carbide’s workers fled in panic, a white cloud of methyl isocyanate, escaping from a storage tank during a runaway chemical reaction (probably caused by water contamination when a pipe was improperly washed), drifted over the shanties of the poor. Families were wiped out. Entire streets and blocks were laid waste.

When I walked through Jai Prakash Nagar a year after “the gas,” the physical evidence of disaster had largely disappeared. The Indian government, embarrassed by the attention of the international press, had performed cosmetic surgery on what was once one of the city’s most dismal slums. Drains had been laid, saplings planted, the worst huts pulled down. Fifteen hundred free housing units had been built for indigent survivors. Public and volunteer clinics were providing many victims with their first experience of modern medicine, including the first psychiatrist ever seen in Bhopal. Job programs, supported in part by Union Carbide, were beginning to retrain some of the disabled in leatherwork and tailoring. Contrary to early fears, no significant increase in the incidence of blindness seems to have occurred. Apparent increases in kidney and liver damage and in birth defects have been reported, however. The human suffering was of numbing dimensions. Of the more than 200,000 people injured, according to Indian physicians I spoke with in Bhopal, perhaps 10,000 will endure some form of lasting damage, mostly to their lungs. About 2,500 will remain at least partially crippled for life.

From Jai Prakash Nagar, I took a taxi past the lakes that were once the nawab’s private preserve, and up the low hills to the east, where the offices of the Madhya Pradesh state government are “lodged in a modern concrete tower. My appointment was with V. N. Kaui, the state’s secretary of industry and commerce. He told me that the disaster had, at least modestly, heightened concern about environmental safety. I learned later that the state of Maharashtra had sued the Ministry of Defense for pollution caused by an explosives plant. Kerala had sued a chemical concern for contamination of the Periyar River. Villagers in Gujarat, who for years had passively consumed chemically polluted water, had demanded and gotten a freshwater source from the state government. In Madhya Pradesh, Kaul told me, an omnibus pollution-control law was under consideration, and an Indian-owned petrochemical plant had been ordered to relocate to a less populous site. However, he added, “the Bhopal disaster has had no effect on the pace or process of industrial growth. No technology has been turned away or turned down as a result of what happened. Why should we condemn all multinationals because of bad decisions taken by Union Carbide?”

Later, in Bombay, Kaul’s words were echoed by Gokhale of Union Carbide. “Bhopal has had absolutely no effect on multinationals in India,” Gokhale said. “In fact, since then the Indian government has gone even further in seeking tie-ups with foreign companies, and firms from the United States head the list.” And a senior diplomat at the Indian Embassy in Washington informed me that as far as the Indian government was concerned, the tragedy was “a human problem that resulted from one company’s bad planning.” In the streets of Bhopal marchers occasionally chanted, “America made the poison and dumped it in Bhopal!” But these protests seemed almost beside the point. No government officials, no major political parties, took up the cry. No one called for expropriation of Union Carbide’s holdings or urged a general crackdown on foreign capital, though in late November, 1986, the Indian government announced in a Bhopal courtroom that it would seek $3 billion from the Union Carbide Corporation as compensation for the accident and its long- and short-term effects.

IN THE 1970S assessments of multinationals’ role in the Third World more often resembled a demonology than a “reasoned evaluation of corporations’ complex effects on industries Richard J. Barnet and Ronald E. Muller observed, in their influential 1974 book Global Reach, that critics commonly viewed the corporations’ activities as “a recipe for a new stage in authoritarian politics, an international class war of huge proportions, and, ultimately, ecological suicide.” Multinationals were then predominantly American: in 1971, 280 of the 500 largest corporations had their headquarters in the United States. In many places they were hated for their ability to interfere in local politics, their control of essential resources, the ease with which they could shift profits abroad, and what was alleged to be eagerness to dump backward technology and hazardous wastes on countries too unsophisticated to recognize them. Ignorance of the way that multinationals actually functioned sometimes merged with radical ideology in an economic war against real or imagined exploitation. From 1970 to 1975, Third World countries nationalized 336 foreign-owned companies, whereas the figure for the previous decade was 136. Many companies left Third World markets, some feeling squeezed out by punitive regulation, tariff barriers, and a trend toward centralized economic planning, frequently financed by enormous loans from Western banks willing to lend to governments of any political makeup.

Multinationals that weathered the ideological firestorms of the 1970s proved to be far more adaptable than their critics had foreseen. When developing countries sought to supplant the multinationals with state monopolies, the displaced corporations learned to make money by licensing their technology, contracting out management, and bartering their products for local goods instead of cash. When countries demanded that multinationals export more finished goods to bring in foreign currencies, corporations expanded their marketing networks. When governments insisted on a voice in multinationals’ activities, joint ventures proliferated. In China, for instance, R. J. Reynolds is building a cigarette plant in partnership with a state tobacco company, American Motors Corporation has teamed up with a Chinese auto maker to manufacture jeeps, and the Foxboro Corporation is building industrial-process-control systems with the cooperation of a Shanghai firm. Diffusion of ownership has weakened nationalist hostility to multinationals by blurring the once bitter issue of direct foreign control.

A pronounced change has also taken place in the attitude of many developing nations toward multinationals. A Latin American diplomat who specializes in the activities of multinationals told me not long ago, “The ghost of ideology is fading: Third World countries are learning to deal with transnationals as real entities in the real world.” What conflict remains has ceased to focus on allegations of imperialism and now tends to take the form of pragmatic negotiations over such issues as import substitution, the location of corporate research-and-development facilities, and the composition of joint ventures. The reasons for this change of heart are manifold: the drying up of easy development loans from Western banks and the burgeoning of foreign debt; a growing recognition that foreign private investment can promote industrialization and generate jobs, foreign exchange, and tax revenues; a perception that continuing modernization may hinge on the absorption of advanced technologies that can be obtained only from developed capitalist countries; and a widening disillusionment with socialist economics.

For many countries the turnabout has been dramatic. Turkey has reversed its long-standing protectionism, junked most of its export controls, and proposed the establishment of free-trade zones on its Mediterranean coast. Algeria has adopted a new investment code that guarantees foreign investors the right to repatriate profits. Mexico in 1985 authorized the largest number of fully foreign-owned investments in its recent history. Ecuador recently raised the permissible proportion of foreign ownership of export-oriented companies from 30 percent to 100 percent. Guinea and Mozambique have shed many orthodox Marxist policies that left their economies in ruins, and are courting Western investment. As Babacar N’Diaye, the president of the African Development Bank, has put it, “Africa in the eighties is not taking account, as far as economics is concerned, of ideology. We are pragmatists.” The sharpest policy reversal of all has occurred in China, which has undertaken a far-reaching experiment in free-market policies throughout its economy and claims some $4.6 billion in foreign investment since 1979. “Twenty years ago there were great certitudes on both sides of the ideological divide,” says Richard J. Barnet, who is now a senior fellow at the Institute for Policy Studies, in Washington, D.C. “Those certainties don’t exist today. When China welcomes multinationals and sets up export zones for companies that it used to decry as the epitome of exploitation and imperialism, then it is clear that the ideological issues surrounding multinationals have changed.”

The India of Rajiv Gandhi embodies many of the new attitudes that are sweeping the Third World. “You no longer find anyone of influence arguing that the future of the economy or the country lies in greater state intervention, in more nationalization or government control,” a director of the State Bank of India remarked to me one evening at a cocktail party in the home of an American diplomat. Since his accession to power after his mother’s assassination, in 1984, Rajiv Gandhi has replaced the Fabian socialists who had guided India since independence with a generation of young technocrats who are more interested in building industries that can compete with Hong Kong and Japan than they are in ideology. In the past two years the government has cut taxes, removed production quotas and import restrictions, established export incentives, deregulated the electronic and engineering sectors, and vigorously promoted commercial competition, telling companies at one point that they would “have to fight for survival” among themselves. At Gandhi’s instruction, the central government has adopted the first five-year plan in Indian history to rely on the private sector more than on the public sector to create jobs.

Since last year Indian firms have scrambled to conclude new technical-collaboration agreements with foreign investors. While India has successfully sought licenses to import more than $1 billion in advanced American technology, including state-of-the-art computers, record numbers of American trade delegations have been traveling to India in search of investment opportunities. In this atmosphere the Bhopal accident was perceived less as a political or moral event than as a fact of industrial life.

IRONICALLY, MANY countries have grown reluctant to set rigorous environmental and industrial safety standards at a time when multinationals have become, probably, more responsive than they have ever been to environmental concerns. Moreover, high environmental standards seem not to be a deterrent to investment. According to a 1985 study by the United Nations Centre on Transnational Corporations, multinational investment in hazardous industries has gravitated chiefly toward countries with advanced industrial economies and stiff pollution controls. Among developing countries Singapore, one of the most environmentally conscious nations in the world, has a virtually unsurpassed record of winning foreign investment. In the future, low or unenforced environmental standards, suggestive as they are of a backward, ignorant population and work force, are more likely to deter Western investment than to attract it.

In the absence of adequate local standards for environmental safety, multinationals will in the coming years demand fuller control over the staffing, design, and equipment of their foreign plants, and when they build new facilities they will probably insist that local governments share legal liability in the event of accidents. “You can’t be beholden to a foreign government as to how to run your company, and then be liable to lawsuits in American courts,” says Alvin M. Natkin, the president of the Continental

Environment Company and a former manager for environmental affairs of the Exxon Corporation. “If a corporation has to take in local partners, and especially a foreign government, it’s going to be a lot more careful about liability and safety responsibilities than it would have been before Bhopal. If a corporation goes into a country on its own, it’s going to run its business just as it would in the United States.”

The fears, common in the 1970s, that multinationals would increasingly devastate the Third Worlds’s environment now seem exaggerated. “Pollution havens,” free of environmental regulation, failed to proliferate as many critics had expected, and where they existed they failed to attract the interest of major Western companies. On the contrary, multinationals now appear to be the primary source of up-to-date safety and environmental technology for the Third World. A 1984 study by the International Labor Organization determined that multinationals generally maintain health and safety standards well above those required by the developing countries in which they operate, and that they frequently install the latest safety features in new plants they build in the Third World. In two new chemical plants that it is building in Argentina, for instance, the Monsanto Company is including a state-of-the-art computerized process-control system that is not yet in place in some of the company’s United States facilities, and in planning a Brazilian herbicide plant the company has used the most modern available computer model to gauge the probable dispersion of gas in the event of a ruptured ammonia storage tank. Since the Bhopal disaster  virtually every American chemical company has undertaken an exhaustive audit of its safety standards and its handling of hazardous substances.


No real constituency yet exists in most developing countries, however, for serious efforts to protect the environment. Although more than a hundred developing countries today have agencies that are at least nominally responsible for environmental safety, up from just a handful a decade ago, most are understaffed, underfunded, and overruled in policy debates by economic planners who still see development and safety as mutually exclusive goals. Nigeria, for instance, until recently one of the most rapidly industrializing nations in Africa, had in 1984 just nineteen safety inspectors to monitor thousands of factories and workshops. Where governments are indifferent to environmental improvement, well-intentioned foreign firms are unlikely to have much effect. “It’s hard to tell a government what to do, and especially to suggest that it doesn’t know how to take care of its own citizens,” Alvin Natkin, of Continental Environment, says. Local firms in the Third World are also unlikely to be imbued with the sort of environmental ethics that have become common in the West in recent years. When 100,000 residents of the Indian city of Virabhapatnam were exposed to a cloud of noxious gas just months after Bhopal, none of the half-dozen plants nearby was willing to take responsibility.

BEFORE HIS LUNGS were damaged in the Bhopal disaster, Tunda Lal had earned about $1.50 a day as a mason, when work was available. When I met him in Jai Prakash Nagar, he rarely had the energy to stay on his feet more than a few hours a day. As a registered victim of the gas leak, he will receive compensation when the suit against Union Carbide is settled. But that may be many years away. In the meantime, he hopes to find a place in a job-training program, and sometimes begs in the street. I asked him what he would do if the Carbide plant reopened, handling the same gas in the same way it had before and posing the same hazards to his community. “If it opened again tomorrow,” Lal replied, “I’d be happy to take any job they offered me. I wouldn’t hesitate for a minute. I want to work in a factory, any factory. Before ‘the gas’ the Union Carbide plant was the best place in all Bhopal to work.”

I’d go too, do or die,” added a neighbor named Tulsi Ram, brandishing a wad of medical prescriptions and leaning on a cane.

Lal and Ram, and others like them in Bhopal, understand the nature of economic change better than many Western critics of multinationals. The security of a good wage and the dignity of a modern job are not things they take for granted but distant, even profound aspirations that can be achieved only through ambition and risk. No one today contemplates a reversal of the process of modernization and industrialization. It must take place, most Third World governments, and apparently increasing numbers of their citizens, believe, at least in part on the basis of Western capital.

To Union Carbide, life is cheap: Bhopal – ten years later

Posted by: chingahost | Posted on: November 23, 2015
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Bhopal, India, was the scene of a devastating industrial disaster in the 1980s when a Union Carbide plant emitted about 40 tons of methyl isocyanate gas. The company settled out of court, and the government has not pursued the case on behalf of the many thousands of victims.

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Were it not for the skull-and-crossbones graffiti scrawled on the old, dilapidated Union Carbide factory gates and the monument to the victims across the street, a casual visitor to Bhopal would never know that it was the site of one of the two greatest industrial disasters in history, rivaling that of Chernobyl. The hot and dusty downtown streets of this bustling central Indian city of more than 1 million people buzz with a swarm of bicycles, black-and-yellow motorized rickshaws and an occasional automobile. In the winding, ramshackle back alleys of Nagar Nigam colony, near the old factory, children play with abandon. Neighbors sit in front of their houses and shoot the breeze. It is here that Ishrat Siddiqui, a man who lived through the disaster, diverts a conversation about the night the poison cloud descended to ask me about the price of an American dog. An American dog? I have to admit that I don’t know. I bet you, says Siddiqui, that an American dog costs more than an Indian life.

A decade has passed since the Carbide pesticide factory spewed more than forty tons of lethal methyl isocyanate (MIC) gas into the slums of Bhopal, killing, according to recent government figures, more than 6,600 people and injuring well over 70,000, who continue to suffer. (Death and injury claims filed by citizens are much higher, exceeding 16,000 and 600,000, respectively.) In the intervening years, the disaster’s impoverished victims have waged an unrequited struggle for justice, but they have been ill served by the Indian government, which failed to pursue the victims’ case aggressively in court there, opting instead to go easy on Carbide in order to maintain a favorable investment climate. Carbide, the party responsible for the deaths of thousands of men, women and children, settled out of court for a paltry $470 million, thus avoiding any damaging legal precedent or liability. As this global company divested itself of its assets in India and elsewhere, it remade itself as a corporate environmentalist at home. Ultimately, Bhopal is the story of how business goes on as usual in the corporate world, albeit with a greener veneer.


Siddiqui’s street economics are nearly on the mark. Just recently money from the settlement started making its way to the surviving victims and relatives of the dead. For each death, families are receiving $3,000. In the United States this equals the price of not one but two high-class pedigreed dogs. One might also compare these numbers with the $5 billion recently awarded to the plaintiffs in the Exxon Valdez litigation. By any measure, it’s clear that for global corporations, life is cheap in the Third World.

Of course, the simple fact is that the Bhopal gas disaster never should have happened in the first place. In an effort to cut costs, Carbide had dropped the safety standards at the Bhopal plant well below those it maintained at a nearly identical facility in Institute, West Virginia. Beyond such double standards, Edward Munoz, who was the managing director of Union Carbide India Limited (U.C.I.L.) when the Bhopal plant was built in the 1970s, told me there was “a childish comedy of errors” in the planning and construction of the factory. According to Munoz, Carbide applied to the Indian government for permits to build a facility in Bhopal that was five times the size needed to supply anticipated demand. Munoz maintains that while U.C.I.L. applied for the permits only in order to keep other transnational corporations out and to corner a segment of the Indian pesticide market, Carbide’s engineering department in South Charleston, West Virginia, overrode the Indian subsidiary’s wishes to keep the plant small, and on the premise of “the bigger the better” designed a 10,000-ton facility for Bhopal. The boondoggle continued when Carbide USA suggested building large tanks to store the massive amounts of lethal MIC that came with the oversized factory. Munoz and U.C.I.L. balked, advising that, if at all, the MIC should be stored in fifty-five-gallon drums for both safety and economic reasons. Again they were overruled. The Indian government never questioned any of these moves, believing that Carbide knew best. And so the deadly MIC tanks were installed in Bhopal. “The dynamite,” says Munoz, who by that time had been transferred back to headquarters, was in “the center of town.”

Today, a decade after that “dynamite” exploded, the lessons of Bhopal seem to have fallen on deaf ears in the Indian government. Although in the 1970s it kicked Coca-Cola and I.B.M. out rather than accede to their terms of doing business, by the time of the Bhopal disaster the Indian government had begun a process of liberalizing, privatizing and globalizing its economy in accordance with structural adjustment policies promulgated by the World Bank and the International Monetary Fund. This ultimately led to its signing of the Uruguay Round of the General Agreement on Tariffs and Trade this past April. Thus, despite the nationalist bravado and some sparring that went on after Bhopal, the Indian government treated Carbide with kid gloves, sending a clear signal to other transnationals that India would not deal too harshly with them in case of a massive toxic release or other such disaster.

So while Carbide, its image battered and bruised by Bhopal, has been struggling to get out of India, the country’s neoliberal regime has encouraged transnationals to return en masse to this nation of 900 million. Hundreds of companies like General Electric, McDonald’s, BMW and Mitsubishi are rushing to invest. Many are taking advantage of the country’s highly educated, low-wage work force as a platform from which to export to the industrialized North. Others are mesmerized by a middle-class consumer market that conservative estimates place at 100 million people – only one-ninth of India’s population, but still as large as the entire populations of Germany, Switzerland and the Netherlands combined. The transnationals are beginning to sell this massive group of consumers everything from refrigerators and plastics to fast food, fast cars and, of course, MTV, Coke and Pepsi.

The free-marketeering Indian government is also gutting the country’s environmental, health and safety protections to keep the investments flowing fast and smooth. While India’s national and regional governments passed a spate of environmental laws in the immediate post-Bhopal era, many of these have been rolled back as structural adjustment, GATT and growing foreign investment have rolled in. The unsustainable export of natural resources has accelerated. Prohibitions against siting industrial facilities in ecologically sensitive zones have been eliminated, while protected areas are being rezoned so that cement plants, oil refineries and dams can be built. Pesticide production is rapidly expanding. Regulations on forestry appear to have been loosened at the behest of the pulp and paper industry, fisheries controls have been undermined by transnational joint ventures and mining laws have been watered down as a result of pressure from the mining corporations. Meanwhile, in the state of Goa, Du Pont obtained a remarkable post-Bhopal clause in its contract with the government that would absolve it of all liability in case of an accident at the chemical plant it’s been attempting to build in the face of strong community opposition [see Mark Schapiro, “Du Pont’s Post-Bhopal Blues,” November 2, 1992!. As Bhopal community activist Abdul Jabbar asserts, “GATT will bring more Bhopals. The Indian government has not listened.”

The lessons of Bhopal, it seems, are falling on deaf ears in the United States as well. The harsh reality is that the potential for another Bhopal still exists, not only in the Third World, where corporate globalization is running rampant, but right here at home. Nowhere is this danger graver than in Bhopal’s sister plant in Institute, West Virginia. Carbide sold the Institute plant to the French transnational Rhone-Poulenc in 1986. While this move may have helped address Carbide’s image problem, the fact remains that the Institute plant, already beleaguered by a series of accidents, is the only facility in the United States and perhaps in the world that still stores massive quantities of highly volatile and dangerous MIC in the large tanks that Edward Munoz unsuccessfully advised against in Bhopal. “Bhopal to me would have proven that storing MIC can be a lethal proposition for a lot of people,” he remarks. “We thought that we could control the conditions in Bhopal, or we wouldn’t have built a tank. To assume that we can control the storage conditions in Institute is very optimistic.”

For its part, Carbide has worked hard to remake itself as an environmental corporation of the 1990s, producing, among other things, fluffy advertisements trumpeting itself as a company committed to “cleaner air, purer water, less waste.” Indeed the post-Bhopal era has witnessed reduced emissions from Carbide, as well as from many of the nation’s largest polluters. In various cases, corporate safety precautions have been tightened; after all, massive toxic events are bad for business. Legislation such as “right to know” laws, passed in Bhopal’s aftermath, have also armed communities living in chemical plants’ shadows with information about toxic releases, forcing greater corporate accountability. These shifts are paralleled by a corporate onslaught calling for reduced government intervention and a greater degree of self-regulation. Trust us, they say, we too are now environmentalists.

But below the surface, Union Carbide, the tenth-largest chemical corporation in the United States and still typical of the industry in general, has not changed all that much. “Sure they tried to clean up their act, but look at the record of accidents in Carbide facilities after Bhopal,” comments Ward Morehouse, a member of Communities Concerned About Corporations, a collection of community, religious, environmental and labor activists fighting the abuses of Carbide and its corporate brethren. Indeed, after an explosion in Carbide’s Seadrift, Texas, plant in 1991 that killed one and injured thirty-two more, OSHA fined the company $2.8 million after finding that Carbide had ignored and then attempted to cover up a series of reports by its own safety engineers urging changes that might have prevented the accident. In 1988 and 1989 the company was found to have grossly understated the amount of toxics it had released over that period. According to Morehouse, the company also has a “sick record” of distorting injury statistics it reports to OSHA.


On December 3, Carbide plans to fly its company flags at half-mast to mark the tenth anniversary of the Bhopal gas disaster. By lowering its banners the industrial giant hopes to project the image of a concerned corporate citizen. Flags will fly low across its remaining empire of petrochemical factories as far-flung as Seadrift, the Guandong Province of China and Cubatao, Brazil. Yet to many, Carbide’s gesture is hollow. Wil Lepkowski, who has been following a decade’s worth of Bhopal fallout from his perch as senior editor at the weekly Chemical and Engineering News, told Carbide’s top brass, who solicited his opinion, that a more appropriate gesture would be to “put a memorial up to the victims in front of every one of their factories.” Members of victims’ groups that continue to organize in Bhopal have their own ideas. They are demanding adequate health care and compensation. And they are calling for the extradition of former Carbide chief executive officer Warren Anderson to face criminal proceedings in India.

Meanwhile, people around the world are organizing diverse events to commemorate the tragedy; joining forces as part of an international day of action on December 3, these groups are supporting the victims’ demands while calling for bans on some of the world’s most dangerous chemicals and advocating greater democratic control over corporations. Together, they are keeping the memory of Bhopal alive.

>>> View more: Nuclear since Fukushima

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Posted by: chingahost | Posted on: November 22, 2015
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The ‘Vancouver Sun’ lacks sufficient reporting of environmental concerns. Before 1992, the paper printed articles critical of vital industries and environmental policies. The hiring of Burson Marsteller public relations firm in 1992 by the paper changed its environmental coverage.

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Journalists and media analysts in BC may be holding their breath (and noses) over Conrad Black’s January purchase of 23 percent of Southam Inc., owner of 17 daily papers in Canada including the Vancouver Sun. But environmentalists assessing the impact on BC’s paper of record (which these days holds the title by default rather than performance) are shrugging it off with a “Why worry? How much worse can it get?”

Indeed the Sun’s coverage of environmental issues fell into a black hole long before Conrad came along. Prior to 1992, the Sun had five fulltime reporters dedicated to forestry, fisheries, Native affairs, energy and mines, and environment.


Today only the environment beat remains, and Sun management has instructed environment reporter Glen Bohn to limit his coverage to greater Vancouver and the lower mainland — an area conveniently free of large tracts of old growth forest and other sites of preeminent resource conflict and pillage.

The Sun has no reporter dedicated to Native affairs in a province where most of the territory is the subject of unresolved Native land claims. Two business reporters have been collared to look after forests, fishing, mining and energy — and editorial decision that suits industry fine.

The most recent casualty in the Sun’s quest to eliminate industry-negative copy from its pages was forestry reporter Ben Parfitt. Parfitt was dumped from the beat last October because of an article he wrote in the Georgia Straight on a PR firm hired by the BC forest industry to concoct and run a pseudopopulist, industry-funded pressure group called the BC Forest Alliance.

Parfitt wasn’t the only Sun reporter to pursue and print the truth about Burson Marsteller’s penchant for representing a worldwide assortment of companies and governments involved in the worst eco-disasters and human rights violations of the century (Agentina’s military junta and Union Carbide after the Bhopal disaster are just two in a long list of Burson Marsteller clients).

Before long, the company that had been hired to run a $1 million PR campaign for the province’s logging companies had become the industry’s biggest liability.

Sun management came to the rescue, hired the PR giant itself (to help the pub lic adjust to the Sun’s shift from an afternoon to morning paper), and the troublesome coverage magically vanished from the Sun’s pages, thereby solving the local image problems of the world’s biggest image-maker.

All of which leaves British Columbians without a single full-time journalist dedicated to covering the province’s biggest industry. The loss of the forestry beat accounts for the Sun’s total lack of coverage of the ongoing courtroom drama over MacMillan Bloedel’s clear-cut logging of Clayoquot Sound, the largest intact temperature rainforest left on Vancouver Island.


Throughout 1992, 65 people were arrested for blockading roads and bridges leading into the logging zone. Their trials, which began last November, have run for days, with judges hearing some harsh truths about shoddy and illegal logging operations and even watching a slide show of clear-cut devastation in one case.

But as far as the Sun is concerned, it all occurred in hyperspace. That’s the thing about black holes — the gravitational pull is so strong that reality remains forever trapped inside, unable to escape.

Nanaimo-based writer Kim Goldberg is a regular contributor to Canadian Dimension.

>>> View more: Bhopal is for lawyers

Bhopal is for lawyers

Posted by: chingahost | Posted on: November 22, 2015
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Bhopal Is for Lawyers

WHEN DISASTER strikes far away in the Third World, the French send doctors. The Swedes send food packages. We send lawyers.

“”Get Union Carbide’ is the slogan,’ announced tort lawyer John P. Cole of Washington when he arrived in Bhopal. It happened that Mother Teresa arrived on the same plane with the American contingency-fee boys. The contrast between the diminutive nun and the swaggering tortsmen did not go unnoticed. “Forgive, forgive,’ said the winner of the 1979 Nobel Peace Prize. “I just ask everyone to forgive.’ That sort of attitude doesn’t cut much ice on the litigation circuit.


After visiting the maimed and bereaved, Mother Teresa expressed her grief at the suffering, but then added: “One beautiful thing. It has brought out the best in everybody.’ Well, perhaps not quite everybody. Take Mr. Cole, the lawyer. When asked whether some might not see him as an ambulance chaser, he replied, “I don’t care what they say. If I come in from the airport and two days later have seven thousand clients, that’s the greatest ambulance chase in history.’

But why blame the lawyers? They just came along for the ride. It is the judges and legislators who have turned liability law into an instrument of plunder instead of restitution. The prospective lynching of the Union Carbide Corporation is merely the logical culmination of a process that has been going on for years.

First the idea of negligence was replaced with the far more costly standard of “strict liability.’ Under this standard, Union Carbide loses even if the leak turns out to have resulted from employee malfeasance or separatist sabotage.

Then the judges decided that a company can be on the hook for the misdeeds of another company of which it owns a piece. Union Carbide owns only half of its Indian affiliate; the other half is held by Indian nationals. These other investors, of course, are not being sued by the contingency-fee crowd.

Union Carbide, incidentally, is under attack for letting its Indian managers go unsupervised. But although the authorities allowed Union Carbide to keep nominal 51 per cent control, American experts quoted in the Times say that “majority ownership did not imply control.’ In fact, the law of the land was specifically aimed at discouraging the sort of oversight that was needed. We have all heard the rhetoric about the evils of a branch-plant economy, about how hometown decisions are made by faraway executives. The Bhopal plant avoided all that. It was designed in India and staffed entirely by Indians, both of which procedures were legally obligatory unless Union Carbide could demonstrate to the satisfaction of Indian authorities that local resources were unavailable. Safety planning “was by law largely in the hands of the subsidiary’s Indian staff,’ the Times says (italics added). Domestic content has its price.


The crowning touch is the fact that our judges are now being invited to export the liability system they have created, by entertaining Bhopal suits in American courts even though Indian judicial (and legislative) remedies are available. This may involve our intrepid jurists in gathering depositions delivered in Hindi, interpreting Indian law, and so forth. No one is pretending that these suits derive from any sort of symmetrical view of international law. Suppose an Air-India jet crashed into your house tomorrow; would they tell you to go sue in Madhya Pradesh for Indian standards of compensation? And if not–if we are to hear their cases but they not hear ours–we will have achieved the ultimate in imperialism: applying the U.S. legal system to the rest of the world.

>>> View more: The lessons of Bhopal: the lure of foreign capital is stronger than environmental worries

Nuclear since Fukushima

Posted by: chingahost | Posted on: November 22, 2015
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IT WAS ONE YEAR AGO that a 9.0 earthquake hit Japan and its eastern Fukushima province and buried whatever hopes there might have been for a worldwide Nuclear Renaissance.

The Achilles’ heel of nuclear, of course, is that despite its stellar safety record and statistical standing as the least dangerous way of generating electricity, there is always the specter of that one huge accident that will take a devastating toll and leave some large portion of the earth uninhabitable. Six coal miners a day die in accidents in China. Thirteen people die every year trying to service windmills by landing on the 45-story structures in helicopters. So far there have been no casualties at Fukushima. But the 12-mile zone still remains evacuated and mobs in Japan, India, Germany, and sometimes the United States are calling for nuclear power to be abandoned altogether.

So how does the scorecard stand a year later and what are the possibilities of continuing the slow but steady revival of nuclear?


THE EPICENTER OF THE ACCIDENT Still remains fairly traumatized. Japan got 33 percent of its electric power from nuclear and was one of the most advanced countries in developing the technology. But it may be a long time before it embraces nuclear again. All but one of Tokyo Electric Power’s reactors are now shut down and half are unlikely to reopen. The resulting shortage of electricity has hurt manufacturing and led to the nation’s first trade deficit in 31 years.


So far there have been no deaths or illnesses from radiation, although two older workers did die of heat stroke during the accident. Of the 31,000 people who have been evacuated, many have suffered from depression and a few have committed suicide. Radiation levels in the region are now about twice normal background. People in various parts of the world live with background 1,000 times as high, but extremely strict standards prevent Fukushima evacuees from returning to their homes.

Strong anti-nuclear movements have become politically powerful and several leading newspapers are keeping up a constant drumbeat of alarm. It is unlikely that Japan will be building any more reactors in the near future. Government officials have indicated, however, that Japanese industries will continue to sell their excellent nuclear products abroad. Westinghouse, Hitachi, and Mitsubishi are all world-leading manufacturers.


PREMIER ANGELA MERKEL, herself a physicist, was stricken with remorse during the Fukushima accident and vowed to close all of Germany’s reactors in the next decade. In the year previous, she had revived Germany’s program by renegotiating a 2000 agreement to phase out all reactors by 2020. Now Germany has embarked on an ambitious, government-subsidized effort to switch to renewable energy. The results so far have been unpromising. This winter the output of Germany’s 2.5 GW of solar collectors has been operating at less than 5 percent cent capacity and the country has survived only by importing nuclear electricity from France and the Czech Republic. At one point it had to ask Austria to fire up an old oil-burning plant. Siemens, the country’s largest manufacturer, has complained the transition will cost $2 trillion and RWE and E.ON, the two largest energy companies, are laying off 14,000 workers because of slumping profits. What Germany’s effort is likely to prove is that powering an industrial country with wind and sunshine is a mirage.


CHINA HAS SHRUGGED OFF Fukushima and is proceeding with plans to expand nuclear at all due speed. The Chinese are constructing the world’s first four Westinghouse AP1000 reactors, the first scheduled to go online in 2013. The APlOOO’s “passive” design employs natural convection currents instead of electric pumps to circulate cooling water and will be able to avoid a Fukushima-type emergency.

Altogether China has 27 reactors under construction, with dozens more in the planning stage. All are being built on time and on budget. Last year Anne Lauvergeon, former CEO of France’s Areva, complained that the Chinese were building Areva’s EPR faster and cheaper than the French can do it themselves. Seventeen of the new reactors are the CPR-1000, China’s own design, pirated from West-inghouse’s AP1000. China has not yet tried to sell the design abroad, but when it does it could quickly dominate world markets.

The Chinese are also exploring futuristic technologies in a way that was once attempted in this country but has been abandoned. In 2011 the Chinese National Nuclear Corporation (CNNC) announced the commercialization of its first Integral Fast Breeder Reactor, a design that burns any kind of nuclear fuel and can eliminate the problem of “nuclear waste.” Project director Wang Junfeng told reporters that recycling could provide China 3,000 years’ worth of cheap electricity. America built an Integral Fast Breeder at the Idaho National Laboratory in the 1980s, but the Clinton administration excised it as part of a nuclear phase-out in 1994.

It was not surprising, then, that when Bill Gates’ new company, Intellectual Ventures, headed by Microsoft’s former head of research, Nathan Myhr-vold, decided to attempt an experimental model of its futuristic Travelling Wave Reactor, Gates ended up in Peking signing an agreement with the CNNC. The Travelling Wave promises to reprocess its own wastes and run for 100 years without refueling. Gates saw no possibility of moving ahead with the project in the United States.


OFALL THE COUNTRIES with nuclear technology, Russia has been the most dismissive of the Fukushima accident. Speaking at the opening of the Kalininskaya reactor late last year, Premier Vladimir Putin scorned wind and solar energy and said if no one else is prepared to lead the world into a nuclear renaissance, Russia will. The Russians now get 17 percent of their electricity from nuclear and hope to raise it to 25 percent by 2030 with the construction of 38 new reactors.

Russia has sold reactors to India, Vietnam, and Iran and hopes to sell as many as 30 more abroad in the coming decade. Putin has proposed supplying the world with uranium out of a single large mine in Siberia. They are even touting their blunders at Chernobyl as giving them “experience” in the field of nuclear accidents. As one New York Times reporter marveled, “The Russians have a peculiar lack of discomfort with all things nuclear.” They have even offered to take any country’s spent fuel for reprocessing–a technology that we abandoned in the 1970s.

France (and Italy)

FRANCE HAS LED Europe’s nuclear effort since Charles de Gaulle decided to free his country from foreign dependence in the late 1960s. France has 59 reactors, the highest per capita in the world, and gets 75 percent of its electricity from splitting the atom. As a result, it is only half as much dependent on Russian natural gas as the rest of Europe. Areva, a world-leading manufacturer, has nevertheless seen its position slip in recent years. Its Olkiluoto project in Finland, begun in 2005, was originally supposed to be completed by 2008 but is now not scheduled to open until 2014 at more than 50 percent over budget. An identical reactor in Flamanville on the Normandy coast, begun in 2006, is not scheduled to open until 2016. Bureaucratic delays and disputes over workmanship have slowed both projects. Still, Areva dominates nuclear construction in Europe and America. It is building both a weapons-plutonium recycling plant in South Carolina and a uranium enrichment plant in Idaho.

A nascent antinuclear movement has hnaiiy taken hold in France, but it is unlikely to close any reactors. If it did, Italy would probably collapse. The Italians responded to Chernobyl by shutting down all their reactors and now import 80 percent of their electricity. An Italian proposal to build eight new coal plants was shouted down in Europe and a subsequent plan to revive nuclear has been postponed indefinitely by the financial crisis. The Italians may be the first country to miss the nuclear boat completely.

South Korea

ALTHOUGH THEY ONLY STARTED building reactors in the 1990s, the South Koreans have quickly become the world’s leading provider. KEPCO, the national utility, astonished everyone by beating out Westinghouse and Areva for a $20 billion contract to build four new reactors in the United Arab Emirates in 2009. South Korean President Lee Myung-bak visited the UAE last December and the whole country celebrated with a National Nuclear Day to introduce schoolchildren to the technology.


The United States

AND SO WE CAN NOW ask the question, “What are the prospects for nuclear energy in the United States?” The news is not great but perhaps not quite as bad as might be expected.

After almost eight years of deliberation, the Nuclear Regulatory Commission finally gave approval to the design of the Westinghouse AP1000 last December–the model that is already being built in China. If, as expected, the NRC also issues a construction-and-operating license to Southern Electrie this year, then the utility will be able to start work on twin reactors at its Vogtle site in Georgia. It would be the first newly licensed project since 1976. Southern already has 1,500 construction workers on the job doing site preparation.

Flamanville-type delays can be expected. When bulldozers leveled the first mounds of fresh earth last year, the NRC made them do it all over again. Then it suspended operations for a month because two employees had given oral assurance that they were not addicted to drugs instead of filling out a written form. With this kind of oversight, the project could take more than a decade to complete.

Still, nuclear construction may not be impossible. Flying under the radar, the Tennessee Valley Authority has completed two reactors in the last six years using licenses originally issued in the 1970s. Both were completed on time and on budget. But then, the projects didn’t attract much attention from opposition groups.

The real problem is that the American nuclear industry has become one giant corporation operating out of central headquarters in the 11-story offices of the Nuclear Regulatory Commission. Nothing can be done without processing it through Beltsville, and the pace is glacial. Over the past two years, Constellation Energy of Baltimore and NRG Energy of New Jersey have abandoned major projects out of despair of ever gaining NRC approval

Such centralization makes innovation almost impossible. Over the past decade, inventive engineers have adapted the small modular reactors we have been putting on submarines since the 1950s into commercial designs. There are almost a dozen proposals for such reactors on the drawing boards but none has much of a chance of making it through NRC licensing over the next decade. The Russians are mounting a 150-megawatt reactor aboard a barge to be floated into an isolated Siberian coastal village to provide power. South Korea, Japan, and China are all moving ahead have similar designs. It is no wonder that Bill Gates decided to develop his Travelling Wave abroad.

So there is a distinct possibility that we could wake up in ten years to find the giants of Asia have passed us by in nuclear technology and we have no choice but to buy it from them–just as we are now buying our nuclear infrastructure from France. As one blogger commented to the CNN story announcing the opening of China’s Integral Fast Breeder, “In case you missed the 19th century, this is what the transfer of world domination looks like.”

William Tucker is the author of Terrestrial Energy: How Nuclear Power Will Lead the Green Revolution and End America’s Energy Odyssey.