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Monday, December 7, 2020

Environmental racism

From Wikipedia, the free encyclopedia
 
People protesting the water crisis in Flint, Michigan, which disproportionately affects people of color and low-income communities.
 
Environmental Racism and Climate Justice Graphic.jpg
Pollution disproportionately affects communities of color.

Environmental racism is a concept in the environmental justice movement, which developed in the United States throughout the 1970s and 1980s. The term is used to describe environmental injustice that occurs within a racialized context both in practice and policy. In the United States, environmental racism criticizes inequalities between urban and exurban areas after white flight. Internationally, environmental racism can refer to the effects of the global waste trade, like the negative health impact of the export of electronic waste to China from developed countries.

Examples by region

North America

Native American reservations

The United States Army encouraged massive hunts of American bison (a pile of skulls pictured above) to force Native Americans off their traditional lands and into reservations further west. This is considered an early example of environmental racism.

The Indian Removal Act of 1830 and the Trail of Tears may be considered early examples of environmental racism in the United States. As a result of the Indian Removal Act of 1830, by 1850, all tribes east of the Mississippi had been removed to western lands, essentially confining them to "lands that were too dry, remote, or barren to attract the attention of settlers and corporations."  During World War II, military facilities were often located conterminous to reservations, leading to a situation in which "a disproportionate number of the most dangerous military facilities are located near Native American lands."  A study analyzing the approximately 3,100 counties in the continental United States found that Native American lands are positively associated with the count of sites with unexploded ordnance deemed extremely dangerous. The study also found that the risk assessment code (RAC) used to measure dangerousness of sites with unexploded ordnance can sometimes conceal how much of a threat these sites are to Native Americans. The hazard probability, or probability that a hazard will harm people or ecosystems, is sensitive to the proximity of public buildings such as schools and hospitals. These parameters neglect elements of tribal life such as subsistence consumption, ceremonial use of plants and animals, and low population densities. Because these tribal-unique factors are not considered, Native American lands can often receive low-risk scores, despite threat to their way of life. The hazard probability does not take Native Americans into account when considering the people or ecosystems that could be harmed. Locating military facilities coterminous to reservations lead to a situation in which “a disproportionate number of the most dangerous military facilities are located near Native American lands.” 

More recently, Native American lands have been used for waste disposal and illegal dumping by the US and multinational corporations. The International Tribunal of Indigenous People and Oppressed Nations, convened in 1992 to examine the history of criminal activity against indigenous groups in the United States, and published a Significant Bill of Particulars outlining grievances indigenous peoples had with the US. This included allegations that the US "deliberately and systematically permitted, aided, and abetted, solicited and conspired to commit the dumping, transportation, and location of nuclear, toxic, medical, and otherwise hazardous waste materials on Native American territories in North America and has thus created a clear and present danger to the health, safety, and physical and mental well-being of Native American People." 

An ongoing issue for Native Americans activists is the Dakota Access Pipeline. The pipeline was proposed to start in North Dakota and travel to Illinois. Although it does not cross directly on a reservation, the pipeline is under scrutiny because it passes under a section of the Missouri river which is the main drinking water source for the Standing Rock Sioux Tribe. Pipelines are known to break, with the Pipeline and Hazardous Materials Safety Administration (PHMSA) reporting more than 3,300 leak and rupture incidents for oil and gas pipelines since 2010. The pipeline also traverses a sacred burial ground for the Standing Rock Sioux. The Tribal Historic Preservation Officer of the Standing Rock Sioux tribe voiced concerns related to sacred sites and archaeological materials. These concerns were ignored. President Barack Obama revoked the permit for the project in December 2016 and ordered a study on rerouting the pipeline. President Donald Trump reversed this order and authorized the completion of the pipeline. In 2017, Judge James Boasberg sided with the Standing Rock Sioux Tribe, citing the US Army Corps of Engineers failure to complete a study on the environmental impact of an oil spill in Lake Oahe when it first approved construction. A new environmental study was ordered and released in October 2018, but the pipeline remained operational. The Standing Rock Sioux Tribe rejected the study, believing it fails to address many of their concerns. There are still ongoing litigation efforts by the Standing Rock Sioux Tribe opposing the Dakota Access Pipeline in an effort to shut it down permanently.

United States of America

In the United States, the first report to draw a relationship between race, income, and risk of exposure to pollutants was the Council of Environmental Quality's "Annual Report to the President" in 1971, in response to toxic waste dumping in an African American community in Warren County, NC. After protests in Warren County, North Carolina, the U.S. General Accounting Office (GAO) issued a report on the case in 1983, and the United Church of Christ (UCC) commissioned a report exploring the concept in 1987 drawing a connection between race and the placement of the hazardous waste facilities. The outcry in Warren County was an important event in spurring minority, grassroots involvement in the environmental justice movement by addressing cases of environmental racism.

The US Government Accountability Office study in response to the 1982 protests against the PCB landfill in Warren County was among the first groundbreaking studies that drew correlations between the racial and economic background of communities and the location of hazardous waste facilities. However, the study was limited in scope by only focusing on off-site hazardous waste landfills in the Southeastern United States. In response to this limitation the United Church of Christ Commission for Racial Justice (CRJ) directed a comprehensive national study on demographic patterns associated with the location of hazardous waste sites.

The CRJ national study conducted two examinations of areas surrounding commercial hazardous waste facilities and the location of uncontrolled toxic waste sites. The first study examined the association between race and socio-economic status and the location of commercial hazardous waste treatment, storage, and disposal facilities. After statistical analysis, the first study concluded that "the percentage of community residents that belonged to a racial or ethnic group was a stronger predictor of the level of commercial hazardous waste activity than was household income, the value of the homes, the number of uncontrolled waste sites, or the estimated amount of hazardous wastes generated by industry". The second study examined the presence of uncontrolled toxic waste sites in ethnic and racial minority communities, and found that 3 out of every 5 African and Hispanic Americans lived in communities with uncontrolled waste sites. Other studies found race to be the most influential variable in predicting where waste facilities were located.

From the reports on environmental racism in Warren County, NC, the accumulation of studies and reports on cases of environmental racism and injustices garnered increased public attention in the US. Eventually this led to President Bill Clinton's 1994 Executive Order 12898 which directed agencies to develop a strategy that manages environmental justice, but not every federal agency has fulfilled this order to date. This was a historical step in addressing environmental injustice on a policy level, especially within a predominantly white-dominated environmentalism movement; however, the effectiveness of the Order is noted mainly in its influence on states as Congress never passed a bill making Clinton's Executive Order law. The issuance of the Order propelled states into action as many states began to require relevant agencies to develop strategies and programs that would identify and address environmental injustices being perpetrated at the state or local level.

In 2005, during George W. Bush's administration, there was an attempt to remove the premise of racism from the Order. EPA's Administrator Stephen Johnson wanted to redefine the Order's purpose to shift from protecting low income and minority communities that may be disadvantaged by government policies to all people. President Barack Obama's appointment of Lisa Jackson as EPA Administrator and the issuance of Memorandum of Understanding on Environmental Justice and Executive Order 12898 established a recommitment to environmental justice. The fight against environmental racism faced some setbacks with the election of President Trump. Under Trump's administration, there was a mandated decrease of EPA funding accompanied by a rollback on regulations which has left many underrepresented communities vulnerable.

As a result of the placement of hazardous waste facilities, minority populations experience greater exposure to harmful chemicals and suffer from health outcomes that affect their ability at work and in schools. A comprehensive study of particulate emissions across the United States, published in 2018, found that Blacks were exposed to 54% more particulate matter emissions (soot) than the average American. Faber and Krieg found a correlation between higher air pollution exposure and low performance in schools and found that 92% of children at five Los Angeles public schools with the poorest air quality were of a minority background. School systems for communities heavily populated with minority families tend to provide "unequal educational opportunities" in comparison to school systems in predominantly white neighborhoods. Pollution consequently presents itself in these communities due to societal factors such as "underfunded schools, income inequality, and myriad egregious denials of institutional support" within the African American community. In a study supporting the term of environmental racism, it was shown in the American Mid-Atlantic and American North-East that African Americans were exposed to 61% of particulate matter, while Latinos were exposed to 75%, and Asians were exposed to 73%. Overall, these populations experience 66% more pollution exposure from particulate matter than the white population.

When environmental racism became acknowledged in the US society, it stimulated the environmental justice social movement that gained wave throughout the 1970s and 1980s in the US. Historically, the term environmental racism is tied to environmental justice movement. However, this has changed with time to the extent it is believed to lack any associations with the movement. Grassroots organizations and campaigns have sprung up in response to this environmental racism with these groups mainly demanding the inclusion of minorities when it comes to policy making involving the environment. It is also worth noting that this concept is international despite being coined in the US. A perfect example is when the United States exported its hazardous wastes to the poor nations in the Global South because they knew that these countries had lax environmental regulations and safety practices. Marginalized communities are usually at risk of environmental racism because they resource and means to oppose the large companies that dump these dangerous wastes.

People on the roofs of their houses avoiding the flood after Hurricane Katrina.

There are specific examples of environmental racism across the US, and perpetuates of environmental racism are often engrained in day to day work and living conditions. The city of Chicago, Illinois, has had difficulties around industry and its impacts on minority populations, especially the African American community. Several coal plants in the region have been implicated in the poor health of their local communities, a correlation exacerbated by the fact that 34% of adults in those communities do not have health care coverage. The state of Louisiana has also faced several issues striking balance between industry presence, natural disaster relief, and community health. Pre-existing racial disparities in wealth within New Orleans worsened the outcome of Hurricane Katrina for minority populations. 

Institutionalized racial segregation of neighborhoods meant minority members were more likely to live in low-lying areas vulnerable to flooding. Additionally, hurricane evacuation plans relied heavily on the use of cars and did not prepare for people who relied on public transportation. Because minority populations are less likely to own cars, some people had no choice but to stay behind, while white majority communities escaped. Additionally, Cancer Alley, a row of chemical plants in Louisiana, has been cited as one of the causes of disproportionate health impacts in the city. Flint, Michigan, a city that is 57% black and notably impoverished, was found in April 2014 to be drinking water that contained enough lead to meet the Environmental Protection Agency.

2017 Climate March protester holds up sign on the Flint water crisis

Overall, the US has worked to reduce environmental racism with municipality changes. These policies help develop further change. Some cities and counties have taken advantage of environmental justice policies and applied it to the public health sector.

Mexico

On November 19, 1984, the San Juanico disaster caused thousands of deaths and roughly a million injuries in poor surrounding neighborhoods. The disaster occurred at the PEMEX liquid propane gas plant in a densely populated area of Mexico City. The close proximity of illegally built houses that did not meet regulations worsened the effects of the explosion.

The Cucapá are a group of indigenous people that live near the U.S.-Mexico border, mainly in Mexico but some in Arizona as well. For many generations, fishing on the Colorado River was the Cucapá's main means of subsistence. In 1944, the United States and Mexico signed a treaty that effectively awarded the United States rights to about 90% of the water in the Colorado River, leaving Mexico with the remaining 10%. Over the last few decades the Colorado River has mostly dried up south of the border, presenting many challenges for people such as the Cucapá. Shaylih Meuhlmann, author of the ethnography Where the River Ends: Contested Indigeneity in the Mexican Colorado Delta, gives a first-hand account of the situation from Meuhlmann's point of view as well as many accounts from the Cucapá themselves. In addition to the Mexican portion of the Colorado River being left with a small fraction of the overall available water, the Cucapá are stripped of the right to fish on the river, the act being made illegal by the Mexican government in the interest of preserving the river's ecological health. The Cucapá are, thus, living without access to sufficient natural sources of freshwater as well as without their usual means of subsistence. The conclusion drawn in many such cases is that the negotiated water rights under the US-Mexican treaty that lead to the massive disparity in water allotments between the two countries boils down to environmental racism.

1,900 maquiladoras are found near the US-Mexico border. Maquiladoras are companies that are usually owned by foreign entities and import raw materials, pay workers in Mexico to assemble them, and ship the finish products overseas to be sold. While Maquiladoras provide jobs, they often pay very little. These plants also bring pollution to rural Mexican towns, creating health impacts for the poor families that live nearby.

In Mexico, industrial extraction of oil, mining, and gas, as well as the mass removal of slowly renewable resources such as aquatic life, forests, and crops. Legally, the state owns natural resources, but is able to grant concessions to industry through the form of taxes paid. In recent decades, a shift towards refocusing these tax dollars accumulated on the communities most impacted by the health, social, and economic impacts of extractivism has taken place. However, many indiginous and rural community leaders argue that they ought to consent to companies extracting and polluting their resources, rather than be paid reparations after the fact.

Canada

In Canada, progress is being made to address environmental racism (especially in Nova Scotia's Africville community) with the passing of Bill 111, An Act to Address Environmental Racism in the Nova Scotia Legislature. Still, however, indigenous communities such as the Aamjiwnaang First Nation continue to be harmed by pollution from the Canadian chemical industry centered in Southeast Ontario.

Forty percent of Canada’s petrochemical industry is packed into a 15-square mile radius of Sarnia, Ontario. The population is predominantly indiginous, where the Aamjiwnaang reservation houses around 850 First Nation individuals. Since 2002, coalitions of indiginous individuals have fought the disproportionate concentration of pollution in their neighborhood.

Europe

France

Exporting toxic wastes to countries in the Global South is one form of environmental racism that occurs on an international basis. In one alleged instance, the French aircraft carrier Clemenceau was prohibited from entering Alang, an Indian ship-breaking yard, due to a lack of clear documentation about its toxic contents. French President Jacques Chirac ultimately ordered the carrier, which contained tons of hazardous materials including asbestos and PCBs, to return to France.

United Kingdom

In the UK environmental racism (or also climate racism) has been called out by multiple action groups such as the Wretched of the Earth call out letter in 2015 and Black Lives Matter in 2016.

Romani people, Eastern Europe

Flag of the Romani people.

Predominantly living in Central and Eastern Europe, with pockets of communities in the Americas and Middle East, the ethnic Romani people have been subjected to environmental exclusion. Often referred to as gypsies or the gypsy threat, the Romani people of Eastern Europe mostly live under the poverty line in shanty towns or slums. Facing issues such as long term exposure to harmful toxins given their locations to waste dumps and industrial plants, along with being refused environmental assistance like clean water and sanitation, the Romani people have been facing racism via environmental means. Many countries such has Romania, Bulgaria and Hungary have tried to implement environmental protection initiatives across their respected countries, however most have failed due to "addressing the conditions of Roma communities have been framed through an ethnic lens as “Roma issues." Only recently has some form of environmental justice for the Romani people come to light. Seeking environmental justice in Europe, the Environmental Justice Program is now working with human rights organizations to help fight environmental racism.

It is important to note that in the "Discrimination in the EU in 2009" report, conducted by the European Commission, "64% of citizens with Roma friends believe discrimination is widespread, compared to 61% of citizens without Roma friends."

Oceania

Australia

The Australian Environmental Justice (AEJ) is a multidisciplinary organization which is closely partnered with Friends of the Earth Australia (FoEA). The AEJ focuses on recording and remedying the effects of environmental injustice throughout Australia. The AEJ has addressed issues which include "production and spread of toxic wastes, pollution of water, soil and air, erosion and ecological damage of landscapes, water systems, plants and animals". The project looks for environmental injustices that disproportionately affect a group of people or impact them in a way they did not agree to.

The Western Oil Refinery started operating in Bellevue, Western Australia in 1954. It was permitted rights to operate in Bellevue by the Australian government in order to refine cheap and localized oil. In the decades following, many residents of Bellevue claimed they felt respiratory burning due to the inhalation of toxic chemicals and nauseating fumes. Lee Bell from Curtin University and Mariann Lloyd-Smith from the National Toxic Network in Australia stated in their article, "Toxic Disputes and the Rise of Environmental Justice in Australia" that "residents living close to the site discovered chemical contamination in the ground- water surfacing in their back yards". Under immense civilian pressure, the Western Oil Refinery (now named Omex) stopped refining oil in 1979. Years later, citizens of Bellevue formed the Bellevue Action Group (BAG) and called for the government to give aid towards the remediation of the site. The government agreed and $6.9 million was allocated to clean up the site. Remediation of site began in April 2000.

Papua New Guinea

Panguna copper mine under construction, 1971

Starting production in 1972, the Panguna mine in Papua New Guinea has been a source of environmental racism. Although closed since 1989 due to conflict on the island, the indigenous peoples (Bougainvillean) have suffered both economically and environmentally from the creation of the mine. Terrance Wesley-Smith and Eugene Ogan, University of Hawaii and University of Minnesota respectively, stated that the Bougainvillean's "were grossly disadvantaged from the beginning and no subsequent renegotiation has been able to remedy the situation". These indigenous people faced issues such as losing land which could have been used for agricultural practices for the Dapera and Moroni villages, undervalued payment for the land, poor relocation housing for displaced villagers and significant environmental degradation in the surrounding areas.

Asia

China

From the mid-1990s until about 2001, it is estimated that some 50 to 80 percent of the electronics collected for recycling in the western half of the United States was being exported for dismantling overseas, predominantly to China and Southeast Asia. This scrap processing is quite profitable and preferred due to an abundant workforce, cheap labour, and lax environmental laws.

Guiyu, China is one of the largest recycling sites for e-waste, where heaps of discarded computer parts rise near the riverbanks and compounds, such as cadmium, copper, lead, PBDEs, contaminate the local water supply. Water samples taken by the Basel Action Network in 2001 from the Lianjiang River contained lead levels 190 times higher than WHO safety standards. Despite contaminated drinking water, residents continue to use contaminated water over expensive trucked-in supplies of drinking water. Nearly 80 percent of children in the e-waste hub of Guiyu, China, suffer from lead poisoning, according to recent reports. Before being used as the destination of electronic waste, most of Guiyu was composed of small farmers who made their living in the agriculture business. However, farming has been abandoned for more lucrative work in scrap electronics. "According to the Western press and both Chinese university and NGO researchers, conditions in these workers' rural villages are so poor that even the primitive electronic scrap industry in Guiyu offers an improvement in income".

Researchers have found that as rates of hazardous air pollution increase in China, the public has mobilized to implement measures to curb detrimental impacts. Areas with ethnic minorities and western regions of the country tend to carry disproportionate environmental burdens.

India

Bhopal, India

Union Carbide Corporation, is the parent company of Union Carbide India Limited which outsources its production to an outside country. Located in Bhopal, India, Union Carbide India Limited primarily produced the chemical methyl isocyanate used for pesticide manufacture. On December 3, 1984, a cloud of methyl isocyanate leaked as a result of the toxic chemical mixing with water in the plant in Bhopal. Approximately 520,000 people were exposed to the toxic chemical immediately after the leak. Within the first 3 days after the leak an estimated 8,000 people living within the vicinity of the plant died from exposure to the methyl isocyanate. Some people survived the initial leak from the factory, but due to improper care and improper diagnoses many have died. As a consequence of improper diagnoses, treatment may have been ineffective and this was precipitated by Union Carbide refusing to release all the details regarding the leaked gases and lying about certain important information. The delay in supplying medical aid to the victims of the chemical leak made the situation for the survivors even worse. Many today are still experiencing the negative health impacts of the methyl isocyanate leak, such as lung fibrosis, impaired vision, tuberculosis, neurological disorders, and severe body pains.

The operations and maintenance of the factory in Bhopal contributed to the hazardous chemical leak. The storage of huge volumes of methyl isocyanate in a densely inhabited area, was in contravention with company policies strictly practiced in other plants. The company ignored protests that they were holding too much of the dangerous chemical for one plant and built large tanks to hold it in a crowded community. Methyl isocyanate must be stored at extremely low temperatures, but the company cut expenses to the air conditioning system leading to less than optimal conditions for the chemical.

Additionally, Union Carbide India Limited never created disaster management plans for the surrounding community around the factory in the event of a leak or spill. State authorities were in the pocket of the company and therefore did not pay attention to company practices or implementation of the law. The company also cut down on preventive maintenance staff to save money.

South America

Ecuador

Aftermath of Lago Agrio oil field

Due to their lack of environmental laws, emerging countries like Ecuador have been subjected to environmental pollution, sometimes causing health problems, loss of agriculture, and poverty. In 1993, 30,000 Ecuadorians, which included Cofan, Siona, Huaorani, and Quichua indigenous people, filed a lawsuit against Texaco oil company for the environmental damages caused by oil extraction activities in the Lago Agrio oil field. After handing control of the oil fields to an Ecuadorian oil company, Texaco did not properly dispose of its hazardous waste, causing great damages to the ecosystem and crippling communities. Additionally, UN experts have said that Afro-Ecuadorians and other people of African descent in Ecuador have faced greater challenges than other groups in accessing clean water, with minimal response from the State.

Chile

Beginning in the late 15th century when European explorers began sailing to the New World, the violence towards and oppression of indigenous populations have had lasting effects to this day. The Mapuche-Chilean land conflict has roots dating back several centuries. When the Spanish went to conquer parts of South America, the Mapuche were one of the only indigenous groups to successfully resist Spanish domination and maintain their sovereignty. Moving forward, relations between the Mapuche and the Chilean state declined into a condition of malice and resentment. Chile won its independence from Spain in 1818 and, wanting the Mapuche to assimilate into the Chilean state, began crafting harmful legislation that targeted the Mapuche. The Mapuche have based their economy, both historically and presently, on agriculture. By the mid-19th century, the state resorted to outright seizure of Mapuche lands, forcefully appropriating all but 5% of Mapuche lineal lands. An agrarian economy without land essentially meant that the Mapuche no longer had their means of production and subsistence. While some land has since been ceded back to the Mapuche, it is still a fraction of what the Mapuche once owned. Further, as the Chilean state has attempted to rebuild its relationship with the Mapuche community, the connection between the two is still strained by the legacy of the aforementioned history.

Today, the Mapuche people are the largest population of indigenous people in Chile, with 1.5 million people accounting for over 90% of the country's indigenous population.

The Andes

Extracitivism, or the process of humans removing natural, raw resources from land to be used in product manufacturing, can have detrimental environmental and social repercussions. Research analyzing environmental conflicts in four Andean countries (Colombia, Ecuador, Peru, and Bolivia) found that conflicts tend to disproportionately affect indigenous populations and those with Afro-descent, and peasant communities. These conflicts can arise as a result of shifting economic patterns, land use policies, and social practices due to extractivist industries.

Haiti

Legacies of racism exist in Haiti, and affect the way that food grown by peasants domestically is viewed compared to foreign food. Racially coded hierarchies are associated with food that differs in origin - survey respondents reported that food such as millet and root crops are associated with negative connotations, while foreign-made food such as corn flakes and spaghetti are associated with positive connotations. This reliance on imports over domestic products reveals how racism ties to commercial tendencies - a reliance on imports can increase costs, fossil fuel emissions, and further social inequality as local farmers loose business.

Africa

Nigeria

In Nigeria, near the Niger Delta, cases of oil spills, burning of toxic waste, and urban air pollution are problems in more developed areas. In the early 1990s, Nigeria was among the 50 nations with the world's highest levels of carbon dioxide emissions, which totaled 96,500 kilotons, a per capita level of 0.84 metric tons. The UN reported in 2008 that carbon dioxide emissions in Nigeria totaled 95,194 kilotons.

Numerous webpages were created in support of the Ogoni people, who are indigenous to Nigeria's oil-rich Delta region. Sites were used to protest the disastrous environmental and economic effects of Shell Oil drilling, to urge the boycotting of Shell Oil, and to denounce human rights abuses by the Nigerian government and by Shell. The use of the Internet in formulating an international appeal intensified dramatically after the Nigerian government's November 1995 execution of nine Ogoni activists, including Ken Saro-Wiwa, who was one of the founders of the nonviolent Movement for the Survival of the Ogoni People (MOSOP).

South Africa

The linkages between the mining industry and the negative impacts it has on community and individual health has been studied and well-documented by a number of organizations worldwide. Health implications of living in proximity to mining operations include effects such as pregnancy complications, mental health issues, various forms of cancer, and many more. During the Apartheid period in South Africa, the mining industry grew quite rapidly as a result of the lack of environmental regulation. Communities in which mining corporations operate are usually those with high rates of poverty and unemployment. Further, within these communities, there is typically a divide among the citizens on the issue of whether the pros of mining in terms of economic opportunity outweigh the cons in terms of the health of the people in the community. Mining companies often try to use these disagreements to their advantage by magnifying this conflict. Additionally, mining companies in South Africa have close ties with the national government, skewing the balance of power in their favor while simultaneously excluding local people from many decision-making processes. This legacy of exclusion has had lasting effects in the form of impoverished South Africans bearing the brunt of ecological impacts resulting from the actions of, for example, mining companies. Some argue that to effectively fight environmental racism and achieve some semblance of justice, there must also be a reckoning with the factors that form situations of environmental racism such as rooted and institutionalized mechanisms of power, social relations, and cultural elements.

The term “energy poverty” is used to refer to “a lack of access to adequate, reliable, affordable and clean energy carriers and technologies for meeting energy service needs for cooking and those activities enabled by electricity to support economic and human development”. Numerous communities in South Africa face some sort of energy poverty. South African women are typically in charge of taking care of both the home and the community as a whole. Those in economically impoverished areas not only have to take on this responsibility, but there are numerous other challenges they face. Discrimination on the basis of gender, race, and class are all still present in South African culture. Because of this, women, who are the primary users of public resources in their work at home and for the community, are often excluded from any decision-making about control and access to public resources. The resulting energy poverty forces women to use sources of energy that are expensive and may be harmful both to their own health and that of the environment. Consequently, several renewable energy initiatives have emerged in South Africa specifically targeting these communities and women to correct this situation.

Background

"Environmental Racism" was coined in 1982 by Benjamin Chavis, previous executive director of the United Church of Christ (UCC) Commission for Racial Justice. Chavis's speech addressed hazardous polychlorinated biphenyl waste in the Warren County PCB Landfill, North Carolina. Chavis defined the term as:

racial discrimination in environmental policy making, the enforcement of regulations and laws, the deliberate targeting of communities of color for toxic waste facilities, the official sanctioning of the life-threatening presence of poisons and pollutants in our communities, and the history of excluding people of color from leadership of the ecology movements.

The Environmental Justice Movement, began around the same time as the Civil Rights Movement. The Civil Rights Movement influenced the mobilization of people concerned about their neighborhoods and health by echoing the empowerment and concern associated with political action. Here, the civil rights agenda and the environmental agenda met. The acknowledgement of environmental racism prompted the environmental justice social movement that began in the 1970s and 1980s in the United States. While environmental racism has been historically tied to the environmental justice movement, throughout the years the term has been increasingly disassociated. In response to cases of environmental racism, grassroots organizations and campaigns have brought more attention to environmental racism in policy making and emphasize the importance of having input from minorities in policymaking. Although the term was coined in the US, environmental racism also occurs on the international level. Examples include the exportation of hazardous wastes to poor countries in the Global South with lax environmental policies and safety practices (pollution havens). Marginalized communities that do not have the socioeconomic and political means to oppose large corporations - this puts them at risk to environmentally racist practices that are detrimental to their health. Economic statuses and political positions are crucial factors when looking at environmental problems because they determine where a person lives and their access to resources that could mitigate the impact of environmental hazards. The UCC and US General Accounting Office reports on this case in North Carolina associated locations of hazardous waste sites with poor minority neighborhoods. Chavis and Dr. Robert D. Bullard pointed out institutionalized racism stemming from government and corporate policies that led to environmental racism. Practices included redlining, zoning, and colorblind adaptation planning. Residents experienced environmental racism due to their low socioeconomic status, and lack of political representation and mobility. Expanding the definition in "The Legacy of American Apartheid and Environmental Racism," Dr. Bullard said that environmental racism

"refers to any policy, practice, or directive that differentially affects or disadvantages (whether intended or unintended) individuals, groups, or communities based on race or color."

Environmental justice combats barriers preventing equal access to work, recreation, education, religion, and safe neighborhoods. In “Environmentalism of the Poor,” Joan Martinez-Allier writes that environmental justice “points out that economic growth-unfortunately means increased environmental impacts, and it emphasizes geographical displacement of sources and sinks.”  Environmental racism is a specific form of environmental injustice with which the underlying cause of said injustice is believed to be race-based.

Causes

There are four factors which lead to environmental racism: lack of affordable land, lack of political power, lack of mobility, and poverty. Cheap land is sought by corporations and governmental bodies. As a result, communities which cannot effectively resist these corporations and governmental bodies and cannot access political power cannot negotiate just costs. Communities with minimized socio-economic mobility cannot relocate. Lack of financial contributions also reduces the communities' ability to act both physically and politically. Chavis defined environmental racism in five categories: racial discrimination in defining environmental policies, discriminatory enforcement of regulations and laws, deliberate targeting of minority communities as hazardous waste dumping sites, official sanctioning of dangerous pollutants in minority communities, and the exclusion of people of color from environmental leadership positions.

Minority communities often do not have the financial means, resources, and political representation to oppose hazardous waste sites. Known as locally unwanted land uses or LULU's, these facilities that benefit the whole community often reduce the quality of life of minority communities. These neighborhoods also may depend on the economic opportunities the site brings and are reluctant to oppose its location at the risk of their health. Additionally, controversial projects are less likely to be sited in non-minority areas that are expected to pursue collective action and succeed in opposing the siting the projects in their area.

Processes such as suburbanization, gentrification, and decentralization lead to patterns of environmental racism. For example, the process of suburbanization (or white flight) consists of non-minorities leaving industrial zones for safer, cleaner, and less expensive suburban locales. Meanwhile, minority communities are left in the inner cities and in close proximity to polluted industrial zones. In these areas, unemployment is high and businesses are less likely to invest in area improvement, creating poor economic conditions for residents and reinforcing a social formation that reproduces racial inequality. Furthermore, the poverty of property owners and residents in a municipality may be taken into consideration by hazardous waste facility developers since areas with depressed real estate values will cut expenses.

Environmental racism has many factors that contribute towards it's discrimination. Green Action references the "cultural norms and values, rules, regulations, behaviors, policies, and decisions" that support the concept of sustainability and wherein environmental racism lies.

Climate change

As the climate has changed progressively over the past several decades, there has been a collision between environmental racism and global climate change. The overlap of these two phenomena, many argue, has disproportionately affected different communities and populations throughout the world due to disparities in socio-economic status. This is especially true in the Global South where, for example, byproducts of global climate change such as increasingly frequent and severe landslides resulting from more heavy rainfall events in Quito, Ecuador force people to also deal with profound socio-economic ramifications like the destruction of their homes or even death. Countries such as Ecuador often contribute relatively little to climate change in terms of metrics like carbon dioxide emissions but have far fewer resources to ward off the negative localized impacts of climate change. This issue occurs globally, where nations in the global south bear the burden of natural disasters and weather extremes despite contributing little to the global carbon footprint.

While people living in the Global South have typically been impacted most by the effects of climate change, people of color in the Global North also face similar situations in several areas. The southeastern part of the United States has experienced a large amount of pollution and minority populations have been hit with the brunt of those impacts. The issues of climate change and communities that are in a danger zone are not limited to North America or the United States either. There are several communities around the world that face the same concern of industry and people who are dealing with its negative impacts in their areas. For example, the work of Desmond D’Sa focused on communities in south Durban where high pollution industries impact people forcibly relocated during the Apartheid.

Environmental racism and climate change coincide with one another. Rising seas affect poor areas such as Kivalina, Alaska, and Thibodaux, Louisiana, and countless other places around the globe. There are many cases of people who have died or are chronically ill from coal plants in Detroit, Memphis, and Kansas City, as well as numerous other areas. Tennessee and West Virginia residents are frequently subject to breathing toxic ash due to blasting in the mountains for mining. Drought, flooding, the constant depletion of land and air quality determine the health and safety of the residents surrounding these areas. Communities of color and low-income status most often feel the brunt of these issues firsthand.

Socioeconomic aspects

Cost benefit analysis

Cost-benefit analysis (CBA) is a process that places a monetary value on costs and benefits to evaluate issues. Environmental CBA aims to provide policy solutions for intangible products such as clean air and water by measuring a consumer's willingness to pay for these goods. CBA contributes to environmental racism through the valuing of environmental resources based on their utility to society. When someone is willing and able to pay more for clean water or air, their society financially benefits society more than when people cannot pay for these goods. This creates a burden on poor communities. Relocating toxic wastes is justified since poor communities are not able to pay as much as a wealthier area for a clean environment. The placement of toxic waste near poor people lowers the property value of already cheap land. Since the decrease in property value is less than that of a cleaner and wealthier area, the monetary benefits to society are greater by dumping the toxic waste in a "low-value" area.

Impacts on health

Environmental racism impacts the health of the communities affected by poor environments. Various factors that can cause health problems include exposure to hazardous chemical toxins in landfills and rivers.

Minority populations are exposed to greater environmental health risks than white people, according to the Environmental Protection Agency (EPA). As stated by Greenlining, an advocacy organization based out of Oakland, CA, “[t]he EPA’s National Center for Environmental Assessment found that when it comes to air pollutants that contribute to issues like heart and lung disease, Blacks are exposed to 1.5 times more of the pollutant than whites, while Hispanics were exposed to about 1.2 times the amount of non-Hispanic whites. People in poverty had 1.3 times the exposure of those not in poverty.” 

In Defense of Animals claims intensive agriculture affects the health of the communities they are near through pollution and environmental injustice. They claim such areas have waste lagoons that produce hydrogen sulfide, higher levels of miscarriages, birth defects, and disease outbreaks from viral and bacterial contamination of drinking water. These farms are disproportionately placed and largely affect low-income areas and communities of color. Because of the socioeconomic status and location of many of these areas, the people affected cannot easily escape these conditions. This includes exposure to pesticides in agriculture and poorly-managed toxic waste dumping to nearby homes and communities from factories disposing of toxic animal waste.

Intensive agriculture also poses a hazard to its workers through high demand velocities, low pay, poor cleanliness in facilities, and other health risks. The workers employed in intensive agriculture are largely composed of minority races, and these facilities are often near minority communities. Areas that are near factories of this sort are also subjected to contaminated drinking water, toxic fumes, chemical run-off, pollutant particulate matter in the air, and other various harmful risks leading to lessened quality of life and potential disease outbreak.

Reducing environmental racism

Activists have called for "more participatory and citizen-centered conceptions of justice."  The environmental justice (EJ) movement and climate justice (CJ) movement address environmental racism in bringing attention and enacting change so that marginalized populations are not disproportionately vulnerable to climate change and pollution. According to the United Nations Conference on Environment and Development, one possible solution is the precautionary principle, which states that "where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation."  Under this principle, the initiator of the potentially hazardous activity is charged with demonstrating the activity's safety. Environmental justice activists also emphasize the need for waste reduction in general, which would act to reduce the overall burden.

Concentrations of ethnic or racial minorities may also foster solidarity, lending support in spite of challenges and providing the concentration of social capital necessary for grassroots activism. Citizens who are tired of being subjected to the dangers of pollution in their communities have been confronting the power structures through organized protest, legal actions, marches, civil disobedience, and other activities.

Racial minorities are often excluded from politics and urban planning (such as sea level rise adaptation planning) so various perspectives of an issue are not included in policy making that may affect these excluded groups in the future. In general, political participation in African American communities is correlated with the reduction of health risks and mortality. Other strategies in battling against large companies include public hearings, the elections of supporters to state and local offices, meetings with company representatives, and other efforts to bring about public awareness and accountability.

In addressing this global issue, activists take to various social media platforms to both raise awareness and call to action. The mobilization and communication between the intersectional grassroots movements where race and environmental imbalance meet has proven to be effective. The movement gained traction with the help of Twitter, Facebook, Instagram, and Snapchat among other platforms. Celebrities such as Shailene Woodley, who advocated against the Keystone XL Pipeline, have shared their experiences including that of being arrested for protesting. Social media has allowed for a facilitated conversation between peers and the rest of the world when it comes to social justice issues not only online but in face-to-face interactions correspondingly.

Studies

Studies have been important in drawing associations and public attention by exposing practices that cause marginalized communities to be more vulnerable to environmental health hazards. Deserting the Perpetrator-Victim Model of studying environmental justice issues, the Economic/Environmental Justice Model utilized a sharper lens to study the many complex factors, accompanied to race, that contributes to the act of environmental racism and injustice. For example, Lerner not only revealed the role of race in the division of Diamond and Norco residents, but he also revealed the historical roles of the Shell Oil Company, the slave ancestry of Diamond residents, and of the history of white workers and families that were dependent upon the rewards of Shell. Involvement of outside organizations, such as the Bucket Brigade and Greenpeace, was also considered in the power that the Diamond community had when battling for environmental justice.

In wartimes, environmental racism occurs in ways that the public later learn about through reports. For example, Friends of the Earth International's Environmental Nakba report brings attention to environmental racism that has occurred in the Gaza Strip during the Israeli-Palestinian Conflict. Some Israeli practices include cutting off three days of water supply to refugee Palestinians and destroying farms.

Besides studies that point out cases of environmental racism, studies have also provided information on how to go about changing regulations and preventing environmental racism from happening. In a study by Daum, Stoler and Grant on e-waste management in Accra, Ghana, the importance of engaging with different fields and organizations such as recycling firms, communities, and scrap metal traders are emphasized over adaptation strategies such as bans on burning and buy-back schemes that have not caused much effect on changing practices.

Studies have also shown that since environmental laws have become prominent in developed countries, companies have moved their waste towards the Global South. Less developed countries have fewer environmental policies and therefore are susceptible to more discriminatory practices. Although this has not stopped activism, it has limited the effects activism has on political restrictions.

Procedural Justice

Current political ideologies surrounding how to make right issues of environmental racism and environmental justice are shifting towards the idea of employing procedural justice. Procedural justice is a concept that dictates the use of fairness in the process of making decisions, especially when said decisions are being made in diplomatic situations such as the allocation of resources or the settling of disagreements. Procedural justice calls for a fair, transparent, impartial decision-making process with equal opportunity for all parties to voice their positions, opinions, and concerns. Rather than just focusing on the outcomes of agreements and the effects those outcomes have on affected populations and interest groups, procedural justice looks to involve all stakeholders throughout the process from planning through implementation. In terms of combating environmental racism, procedural justice helps to reduce the opportunities for powerful actors such as often-corrupt states or private entities to dictate the entire decision-making process and puts some power back into the hands of those who will be directly affected by the decisions being made.

Activism

Activism takes many forms. One form is collective demonstrations or protests, which can take place on a number of different levels from local to international. Additionally, in places where activists feel as though governmental solutions will work, organizations and individuals alike can pursue direct political action. In many cases, activists and organizations will form partnerships both regionally and internationally to gain more clout in pursuit of their goals.

Before the 1970s, communities of color recognized the reality of environmental racism and organized against it. For example, the Black Panther Party organized survival programs that confronted the inequitable distribution of trash in predominantly black neighborhoods. Similarly, the Young Lords, a Puerto Rican revolutionary nationalist organization based in Chicago and New York City, protested pollution and toxic refuse present in their community via the Garbage Offensive program. These and other organizations also worked to confront the unequal distribution of open spaces, toxic lead paint, and healthy food options. They also offered health programs to those affected by preventable, environmentally induced diseases such as tuberculosis. In this way, these organizations serve as precursors to more pointed movements against environmental racism.

Latino ranch laborers composed by Cesar Chavez battled for working environment rights, including insurance from harmful pesticides in the homestead fields of California's San Joaquin Valley. In 1967, African-American understudies rioted in the streets of Houston to battle a city trash dump in their locale which had killed two kids. In 1968, occupants of West Harlem, in New York City, battled unsuccessfully against the siting of a sewage treatment plant in their neighborhood.

Efforts of activism have also been heavily influenced by women and the injustices they face from environmental racism. Women of different races, ethnicities, economic status, age, and gender are disproportionately affected by issues of environmental injustice. Additionally, the efforts made by women have historically been overlooked or challenged by efforts made by men, as the problems women face have been often avoided or ignored. Winona LaDuke is one of many female activists working on environmental issues, in which she fights against injustices faced by indigenous communities. LaDuke was inducted into the National Women's Hall of Fame in 2007 for her continuous leadership towards justice.

Artistic Expression

Several artists explore the relationship between environment, power, and culture through creative expression. Art can be used to bring awareness to social issues, including environmental racism.

Be Dammed by Carolina Caycedo utilizes video elements, photographs, paint, and mixed fabrics and papers in order to contextualize the relationship between water and power in Latin America. Her pieces comment on the indigenous view of water signifying connection to nature and to each other, and how the privatization of water impacts communities and ecosystems. The series of works was born following a 2014 “Master Plan” for expansion of extraction from the Magdelena river in Colombia - the plan detailed the construction of 15 hydroelectric dams, and caused a surge of foreign reliance on Colombian resources. Caycedo emphasizes the interconnectedness of processes of colonialism, nature, extraction, and indigeneity in her art.

Allison Janae Hamilton is an artist from the United States who focuses her work on examining the social and political ideas and uses of land and space, particularly in US Southern states. Her work looks at who is affected by a changing climate, as well as the unique vulnerability that certain populations have. Her work relies on videos and photographs to show who is affected by global warming, and how their different lived experiences lend different perspectives to climate issues.

Environmental Reparations

Some scientists and economists have looked into the prospect of Environmental Reparations, or forms of payment made to individuals who are affected by industry presence in some way. Potential groups to be impacted include individuals living in close proximity to industry, victims of natural disasters, and climate refugees who flee hazardous living conditions in their own country. Reparations can take many forms, from direct payouts to individuals, to money set aside for waste-site cleanups, to purchasing air monitors for low income residential neighborhoods, to investing in public transportation, which reduces green house gas emissions. As Dr. Robert Bullard writes,

"Environmental Reparations represent a bridge to sustainability and equity... Reparations are both spiritual and environmental medicine for healing and reconciliation."

Policies and international agreements

The export of hazardous waste to third world countries is another growing concern. Between 1989 and 1994, an estimated 2,611 metric tons of hazardous waste was exported from Organization for Economic Cooperation and Development (OECD) countries to non-OECD countries. Two international agreements were passed in response to the growing exportation of hazardous waste into their borders. The Organization of African Unity (OAU) was concerned that the Basel Convention adopted in March 1989 did not include a total ban on the trans-boundary movement on hazardous waste. In response to their concerns, on January 30, 1991, the Pan-African Conference on Environmental and Sustainable Development adopted the Bamako Convention banning the import of all hazardous waste into Africa and limiting their movement within the continent. In September 1995, the G-77 nations helped amend the Basel Convention to ban the export of all hazardous waste from industrial countries (mainly OECD countries and Lichtenstein) to other countries. A resolution was signed in 1988 by the OA) which declared toxic waste dumping to be a “crime against Africa and the African people”. Soon after, the Economic Community of West African States (ECOWAS) passed a resolution that allowed for penalties, such as life imprisonment, to those who were caught dumping toxic wastes.

Globalization and the increase in transnational agreements introduce possibilities for cases of environmental racism. For example, the 1994 North American Free Trade Agreement (NAFTA) attracted US-owned factories to Mexico, where toxic waste was abandoned in the Colonia Chilpancingo community and was not cleaned up until activists called for the Mexican government to clean up the waste.

Environmental justice movements have grown to become an important part of world summits. This issue is gathering attention and features a wide array of people, workers, and levels of society that are working together. Concerns about globalization can bring together a wide range of stakeholders including workers, academics, and community leaders for whom increased industrial development is a common denominator”.

Many policies can be expounded based on the state of human welfare. This occurs because environmental justice is obviously aimed at creating safe, fair, and equal opportunity for communities and to ensure things like redlining do not occur. With all of these unique elements in mind, there are serious ramifications for policy makers to consider when they make decisions.

Bhopal disaster

From Wikipedia, the free encyclopedia
 
Bhopal disaster
Bhopal-Union Carbide 1 crop memorial.jpg
Memorial by Dutch artist Ruth Kupferschmidt for those killed and disabled by the 1984 toxic gas release
Date2 December 1984 – 3 December 1984
LocationBhopal, Madhya Pradesh, India
Coordinates23°16′51″N 77°24′38″ECoordinates: 23°16′51″N 77°24′38″E
Also known asBhopal gas tragedy
CauseMethyl isocyanate leak from Union Carbide India Limited plant
DeathsAt least 3,787; over 16,000 claimed
Non-fatal injuriesAt least 558,125

The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident on the night of 2–3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. It is considered among the world's worst industrial disasters. Over 500,000 people were exposed to methyl isocyanate (MIC) gas. The highly toxic substance made its way into and around the small towns located near the plant.

Estimates vary on the death toll. The official immediate death toll was 2,259. In 2008, the Government of Madhya Pradesh had paid compensation to the family members of 3,787 victims killed in the gas release, and to 574,366 injured victims. A government affidavit in 2006 stated that the leak caused 558,125 injuries, including 38,478 temporary partial injuries and approximately 3,900 severely and permanently disabling injuries. Others estimate that 8,000 died within two weeks, and another 8,000 or more have since died from gas-related diseases. The cause of the disaster remains under debate. The Indian government and local activists argue that slack management and deferred maintenance created a situation where routine pipe maintenance caused a backflow of water into a MIC tank, triggering the disaster. Union Carbide Corporation (UCC) argues that water entered the tank through an act of sabotage.

The owner of the factory, UCIL, was majority owned by UCC, with Indian Government-controlled banks and the Indian public holding a 49.1 percent stake. In 1989, UCC paid $470 million (equivalent to $860 million in 2019) to settle litigation stemming from the disaster. In 1994, UCC sold its stake in UCIL to Eveready Industries India Limited (EIIL), which subsequently merged with McLeod Russel (India) Ltd. Eveready ended clean-up on the site in 1998, when it terminated its 99-year lease and turned over control of the site to the state government of Madhya Pradesh. Dow Chemical Company purchased UCC in 2001, seventeen years after the disaster.

Civil and criminal cases filed in the United States against UCC and Warren Anderson, UCC CEO at the time of the disaster, were dismissed and redirected to Indian courts on multiple occasions between 1986 and 2012, as the US courts focused on UCIL being a standalone entity of India. Civil and criminal cases were also filed in the District Court of Bhopal, India, involving UCC, UCIL and UCC CEO Anderson. In June 2010, seven Indian nationals who were UCIL employees in 1984, including the former UCIL chairman, were convicted in Bhopal of causing death by negligence and sentenced to two years imprisonment and a fine of about $2,000 each, the maximum punishment allowed by Indian law. All were released on bail shortly after the verdict. An eighth former employee was also convicted, but died before the judgement was passed.

Background

The UCIL factory was built in 1969 to produce the pesticide Sevin (UCC's brand name for carbaryl) using methyl isocyanate (MIC) as an intermediate. An MIC production plant was added to the UCIL site in 1979. The chemical process employed in the Bhopal plant had methylamine reacting with phosgene to form MIC, which was then reacted with 1-naphthol to form the final product, carbaryl. Another manufacturer, Bayer, also used this MIC-intermediate process at the chemical plant once owned by UCC at Institute, West Virginia, in the United States.

After the Bhopal plant was built, other manufacturers (including Bayer) produced carbaryl without MIC, though at a greater manufacturing cost. This "route" differed from the MIC-free routes used elsewhere, in which the same raw materials were combined in a different manufacturing order, with phosgene first reacting with naphthol to form a chloroformate ester, which was, in turn, reacted with methylamine. In the early 1980s, the demand for pesticides had fallen, but production continued regardless, leading to an accumulation of stores of unused MIC where that method was used.

Earlier leaks

In 1976, two local trade unions complained of pollution within the plant. In 1981, a worker was accidentally splashed with phosgene as he was carrying out a maintenance job of the plant's pipes. In a panic, he removed his gas mask and inhaled a large amount of toxic phosgene gas, leading to his death 72 hours later. Following these events, journalist Rajkumar Keswani began investigating and published his findings in Bhopal's local paper Rapat, in which he urged "Wake up, people of Bhopal, you are on the edge of a volcano."

In January 1982, a phosgene leak exposed 24 workers, all of whom were admitted to a hospital. None of the workers had been ordered to wear protective equipment. One month later, in February 1982, a MIC leak affected 18 workers. In August 1982, a chemical engineer came into contact with liquid MIC, resulting in burns over 30% of his body. In October 1982, there was another MIC leak. In attempting to stop the leak, the MIC supervisor suffered severe chemical burns and two other workers were severely exposed to the gases. During 1983 and 1984, there were leaks of MIC, chlorine, monomethylamine, phosgene, and carbon tetrachloride, sometimes in combination.

Leakage and its effects

Liquid MIC storage

The Bhopal UCIL facility housed three underground 68,000-litre (~18,000 gals) liquid MIC storage tanks: E610, E611, and E619. In the months leading up to the December leak, liquid MIC production was in progress and being used to fill these tanks. UCC safety regulations specified that no one tank should be filled more than 50% (here, 30 tons) with liquid MIC. Each tank was pressurized with inert nitrogen gas. This pressurization allowed liquid MIC to be pumped out of each tank as needed, and also kept impurities out of the tanks.

In late October 1984, tank E610 lost the ability to effectively contain most of its nitrogen gas pressure, which meant that the liquid MIC contained within could not be pumped out. At the time of this failure, tank E610 contained 42 tons of liquid MIC. Shortly after this failure, MIC production was halted at the Bhopal facility, and parts of the plant were shut down for maintenance. Maintenance included the shutdown of the plant's flare tower so that a corroded pipe could be repaired. With the flare tower still out of service, production of carbaryl was resumed in late November, using MIC stored in the two tanks still in service. An attempt to re-establish pressure in tank E610 on 1 December failed, so the 42 tons of liquid MIC contained within still could not be pumped out of it.

The release

Tank 610 in 2010. During decontamination of the plant, tank 610 was removed from its foundation and left aside.
 
Methylamine (1) reacts with phosgene (2) producing methyl isocyanate (3) which reacts with 1-naphthol (4) to yield carbaryl (5).

By early December 1984, most of the plant's MIC related safety systems were malfunctioning and many valves and lines were in poor condition. In addition, several vent gas scrubbers had been out of service as well as the steam boiler, intended to clean the pipes. During the late evening hours of 2 December 1984, water was believed to have entered a side pipe and into Tank E610 whilst trying to unclog it, which contained 42 tons of MIC that had been there since late October. The introduction of water into the tank subsequently resulted in a runaway exothermic reaction, which was accelerated by contaminants, high ambient temperatures and various other factors, such as the presence of iron from corroding non-stainless steel pipelines. The pressure in tank E610, although initially nominal at 2 psi at 10:30 p.m., it had reached 10 psi by 11 p.m. Two different senior refinery employees assumed the reading was instrumentation malfunction. By 11:30 p.m., workers in the MIC area were feeling the effects of minor exposure to MIC gas, and began to look for a leak. One was found by 11:45 p.m., and reported to the MIC supervisor on duty at the time. The decision was made to address the problem after a 12:15 a.m. tea break, and in the meantime, employees were instructed to continue looking for leaks. The incident was discussed by MIC area employees during the break.

In the five minutes after the tea break ended at 12:40 a.m., the reaction in tank E610 reached a critical state at an alarming speed. Temperatures in the tank were off the scale, maxed out beyond 25 °C (77 °F), and the pressure in the tank was indicated at 40 psi (275.8 kPa). One employee witnessed a concrete slab above tank E610 crack as the emergency relief valve burst open, and pressure in the tank continued to increase to 55 psi (379.2 kPa); this despite the fact that atmospheric venting of toxic MIC gas had already begun. Direct atmospheric venting should have been prevented or at least partially mitigated by at least three safety devices which were malfunctioning, not in use, insufficiently sized or otherwise rendered inoperable:

  • A refrigeration system meant to cool tanks containing liquid MIC, shut down in January 1982, and whose freon had been removed in June 1984. Since the MIC storage system assumed refrigeration, its high temperature alarm, set to sound at 11 °C (52 °F) had long since been disconnected, and tank storage temperatures ranged between 15 °C (59 °F) and 40 °C (104 °F)
  • A flare tower, to burn the MIC gas as it escaped, which had had a connecting pipe removed for maintenance, and was improperly sized to neutralise a leak of the size produced by tank E610
  • A vent gas scrubber, which had been deactivated at the time and was in 'standby' mode, and similarly had insufficient caustic soda and power to safely stop a leak of the magnitude produced

About 30 tonnes of MIC escaped from the tank into the atmosphere in 45 to 60 minutes. This would increase to 40 tonnes within two hours. The gases were blown in a southeasterly direction over Bhopal.

A UCIL employee triggered the plant's alarm system at 12:50 a.m. as the concentration of gas in and around the plant became difficult to tolerate. Activation of the system triggered two siren alarms: one that sounded inside the UCIL plant itself, and a second directed to the exterior, which would alert the public and the city of Bhopal. The two siren systems had been decoupled from one another in 1982, so that it was possible to leave the factory warning siren on while turning off the public one, and this is exactly what was done: the public siren briefly sounded at 12:50 a.m. and was quickly turned off, as per company procedure meant to avoid alarming the public around the factory over tiny leaks. Workers, meanwhile, evacuated the UCIL plant, travelling upwind.

Bhopal's superintendent of police was informed by telephone, by a town inspector, that residents of the neighbourhood of Chola (about 2 km from the plant) were fleeing a gas leak at approximately 1 a.m. Calls to the UCIL plant by police between 1:25 and 2:10 a.m. gave assurances twice that "everything is OK", and on the last attempt made, "we don't know what has happened, sir". With the lack of timely information exchange between UCIL and Bhopal authorities, the city's Hamidia Hospital was first told that the gas leak was suspected to be ammonia, then phosgene. Finally, they received an updated report that it was "MIC" (rather than "methyl isocyanate"), of which hospital staff had never heard of and had no antidote for, nor did they receive any immediate information about it.

The MIC gas leak emanating from tank E610 petered out at approximately 2:00 a.m. Fifteen minutes later, the plant's public siren was sounded for an extended period of time, after first having been quickly silenced an hour and a half earlier. Some minutes after the public siren sounded, a UCIL employee walked to a police control room to both inform them of the leak (their first acknowledgement that one had occurred at all), and that "the leak had been plugged." Most city residents who were exposed to the MIC gas were first made aware of the leak by exposure to the gas itself, or by opening their doors to investigate commotion, rather than having been instructed to shelter in place, or to evacuate before the arrival of the gas in the first place.

Acute effects

Reversible reaction of glutathione (top) with methyl isocyanate (MIC, middle) allows the MIC to be transported into the body.

The initial effects of exposure were coughing, severe eye irritation and a feeling of suffocation, burning in the respiratory tract, blepharospasm, breathlessness, stomach pains and vomiting. People awakened by these symptoms fled away from the plant. Those who ran inhaled more than those who had a vehicle to ride. Owing to their height, children and other residents of shorter stature inhaled higher concentrations, as methyl isocyanate gas is approximately twice as dense as air and, therefore, in an open environment has a tendency to fall toward the ground.

Thousands of people had died by the following morning. Primary causes of deaths were choking, reflexogenic circulatory collapse and pulmonary oedema. Findings during autopsies revealed changes not only in the lungs but also cerebral oedema, tubular necrosis of the kidneys, fatty degeneration of the liver and necrotising enteritis. The stillbirth rate increased by up to 300% and neonatal mortality rate by around 200%.

Gas cloud composition

Apart from MIC, based on laboratory simulation conditions, the gas cloud most likely also contained chloroform, dichloromethane, hydrogen chloride, methylamine, dimethylamine, trimethylamine and carbon dioxide, that was either present in the tank or was produced in the storage tank when MIC, chloroform and water reacted. The gas cloud, composed mainly of materials denser than air, stayed close to the ground and spread in the southeasterly direction affecting the nearby communities. The chemical reactions may have produced a liquid or solid aerosol. Laboratory investigations by CSIR and UCC scientists failed to demonstrate the presence of hydrogen cyanide.

Immediate aftermath

In the immediate aftermath, the plant was closed to outsiders (including UCC) by the Indian government, which subsequently failed to make data public, contributing to the confusion. The initial investigation was conducted entirely by the Council of Scientific and Industrial Research (CSIR) and the Central Bureau of Investigation. The UCC chairman and CEO Warren Anderson, together with a technical team, immediately travelled to India. Upon arrival Anderson was placed under house arrest and urged by the Indian government to leave the country within 24 hours. Union Carbide organized a team of international medical experts, as well as supplies and equipment, to work with the local Bhopal medical community, and the UCC technical team began assessing the cause of the gas leak.

The health care system immediately became overloaded. In the severely affected areas, nearly 70% were under-qualified doctors. Medical staff were unprepared for the thousands of casualties. Doctors and hospitals were not aware of proper treatment methods for MIC gas inhalation.

There were mass funerals and cremations. Photographer Pablo Bartholemew, on commission with press agency Rapho, took an iconic color photograph of a burial on 4 December, Bhopal gas disaster girl. Another photographer present, Raghu Rai, took a black and white photo. The photographers did not ask for the identity of the father or child as she was buried, and no relative has since confirmed it. As such, the identity of the girl remains unknown. Both photos became symbolic of the suffering of victims of the Bhopal disaster, and Bartholomew's went on to win the 1984 World Press Photo of the Year.

Within a few days, trees in the vicinity became barren and bloated animal carcasses had to be disposed of. 170,000 people were treated at hospitals and temporary dispensaries, and 2,000 buffalo, goats, and other animals were collected and buried. Supplies, including food, became scarce owing to suppliers' safety fears. Fishing was prohibited causing further supply shortages.

Lacking any safe alternative, on 16 December, tanks 611 and 619 were emptied of the remaining MIC by reactivating the plant and continuing the manufacture of pesticide. Despite safety precautions such as having water-carrying helicopters continually overflying the plant, this led to a second mass evacuation from Bhopal. The Government of India passed the "Bhopal Gas Leak Disaster Act" that gave the government rights to represent all victims, whether or not in India. Complaints of lack of information or misinformation were widespread. An Indian government spokesman said, "Carbide is more interested in getting information from us than in helping our relief work".

Formal statements were issued that air, water, vegetation and foodstuffs were safe, but warned not to consume fish. The number of children exposed to the gases was at least 200,000. Within weeks, the State Government established a number of hospitals, clinics and mobile units in the gas-affected area to treat the victims.

Subsequent legal action

Number of women pictured in black and white colour, sitting and protesting against Anderson and the company.
Victims of Bhopal disaster march in September 2006 demanding the extradition of American Warren Anderson from the United States.

Legal proceedings involving UCC, the United States and Indian governments, local Bhopal authorities, and the disaster victims started immediately after the catastrophe. The Indian Government passed the Bhopal Gas Leak Act in March 1985, allowing the Government of India to act as the legal representative for victims of the disaster, leading to the beginning of legal proceedings. Initial lawsuits were generated in the United States federal court system. On 17 April 1985, Federal District court judge John F. Keenan (overseeing one lawsuit) suggested that "'fundamental human decency' required Union Carbide to provide between $5 million and $10 million to immediately help the injured" and suggested the money could be quickly distributed through the International Red Cross. UCC, on the notion that doing so did not constitute an admission of liability and the figure could be credited toward any future settlement or judgement, offered a $5 million relief fund two days later. The Indian government turned down the offer.

In March 1986, UCC proposed a settlement figure, endorsed by plaintiffs' U.S. attorneys, of $350 million that would, according to the company, "generate a fund for Bhopal victims of between $500–600 million over 20 years". In May, litigation was transferred from the United States to Indian courts by a U.S. District Court ruling. Following an appeal of this decision, the U.S. Court of Appeals affirmed the transfer, judging, in January 1987, that UCIL was a "separate entity, owned, managed and operated exclusively by Indian citizens in India".

The Government of India refused the offer from Union Carbide and claimed US$3.3 billion. The Indian Supreme Court told both sides to come to an agreement and "start with a clean slate" in November 1988. Eventually, in an out-of-court settlement reached in February 1989, Union Carbide agreed to pay US$470 million for damages caused in the Bhopal disaster. The amount was immediately paid.

Throughout 1990, the Indian Supreme Court heard appeals against the settlement. In October 1991, the Supreme Court upheld the original $470 million, dismissing any other outstanding petitions that challenged the original decision. The Court ordered the Indian government "to purchase, out of settlement fund, a group medical insurance policy to cover 100,000 persons who may later develop symptoms" and cover any shortfall in the settlement fund. It also requested UCC and its subsidiary UCIL "voluntarily" fund a hospital in Bhopal, at an estimated $17 million, to specifically treat victims of the Bhopal disaster. The company agreed to this.

Post-settlement activity

In 1991, the local Bhopal authorities charged Anderson, who had retired in 1986, with manslaughter, a crime that carries a maximum penalty of 10 years in prison. He was declared a fugitive from justice by the Chief Judicial Magistrate of Bhopal on 1 February 1992 for failing to appear at the court hearings in a culpable homicide case in which he was named the chief defendant. Orders were passed to the Government of India to press for an extradition from the United States. The U.S. Supreme Court refused to hear an appeal of the decision of the lower federal courts in October 1993, meaning that victims of the Bhopal disaster could not seek damages in a U.S. court.

In 2004, the Indian Supreme Court ordered the Indian government to release any remaining settlement funds to victims. And in September 2006, the Welfare Commission for Bhopal Gas Victims announced that all original compensation claims and revised petitions had been "cleared". The Second Circuit Court of Appeals in New York City upheld the dismissal of remaining claims in the case of Bano v. Union Carbide Corporation in 2006. This move blocked plaintiffs' motions for class certification and claims for property damages and remediation. In the view of UCC, "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 organisations representing the residents of Bhopal".

In June 2010, seven former employees of UCIL, all Indian nationals and many in their 70s, were convicted of causing death by negligence: Keshub Mahindra, former non-executive chairman of Union Carbide India Limited; V. P. Gokhale, managing director; Kishore Kamdar, vice-president; J. Mukund, works manager; S. P. Chowdhury, production manager; K. V. Shetty, plant superintendent; and S. I. Qureshi, production assistant. They were each sentenced to two years’ imprisonment and fined 100,000 (equivalent to 180,000 or US$2,500 in 2019). All were released on bail shortly after the verdict.

US federal class action litigation, Sahu v. Union Carbide and Warren Anderson, was filed in 1999 under the U.S. Alien Torts Claims Act (ATCA), which provides for civil remedies for "crimes against humanity." It sought damages for personal injury, medical monitoring and injunctive relief in the form of clean-up of the drinking water supplies for residential areas near the Bhopal plant. The lawsuit was dismissed in 2012 and the subsequent appeal was denied. Former UCC CEO Anderson, then 92 years old, died on 29 September 2014.

Long-term effects

In 2018, The Atlantic called it the "world’s worst industrial disaster."

Long-term health effects

Some data about the health effects are still not available. The Indian Council of Medical Research (ICMR) was forbidden to publish health effect data until 1994.

A total of 36 wards were marked by the authorities as being "gas affected," affecting a population of 520,000. Of these, 200,000 were below 15 years of age, and 3,000 were pregnant women. The official immediate death toll was 2,259, and in 1991, 3,928 deaths had been officially certified. Ingrid Eckerman estimated 8,000 died within two weeks.

The government of Madhya Pradesh confirmed a total of 3,787 deaths related to the gas release.

Later, the affected area was expanded to include 700,000 citizens. A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial injuries and approximately 3,900 severely and permanently disabling injuries.

A cohort of 80,021 exposed people was registered, along with a control group, a cohort of 15,931 people from areas not exposed to MIC. Nearly every year since 1986, they have answered the same questionnaire. It shows overmortality and overmorbidity in the exposed group. Bias and confounding factors cannot be excluded from the study. Because of migration and other factors, 75% of the cohort is lost, as the ones who moved out are not followed.

A number of clinical studies are performed. The quality varies, but the different reports support each other. Studied and reported long-term health effects are:

Missing or insufficient fields for research are female reproduction, chromosomal aberrations, cancer, immune deficiency, neurological sequelae, post traumatic stress disorder (PTSD) and children born after the disaster. Late cases that might never be highlighted are respiratory insufficiency, cardiac insufficiency (cor pulmonale), cancer and tuberculosis. Bhopal now has high rates of birth defects and records a miscarriage rate 7x higher than the national average.

A 2014 report in Mother Jones quotes a "spokesperson for the Bhopal Medical Appeal, which runs free health clinics for survivors" as saying "An estimated 120,000 to 150,000 survivors still struggle with serious medical conditions including nerve damage, growth problems, gynecological disorders, respiratory issues, birth defects, and elevated rates of cancer and tuberculosis."

Health care

The Government of India had focused primarily on increasing the hospital-based services for gas victims thus hospitals had been built after the disaster. When UCC wanted to sell its shares in UCIL, it was directed by the Supreme Court to finance a 500-bed hospital for the medical care of the survivors. Thus, Bhopal Memorial Hospital and Research Centre (BMHRC) was inaugurated in 1998 and was obliged to give free care for survivors for eight years. BMHRC was a 350-bedded super speciality hospital where heart surgery and hemodialysis were done. There was a dearth of gynaecology, obstetrics and paediatrics. Eight mini-units (outreach health centres) were started and free health care for gas victims were to be offered until 2006. The management had also faced problems with strikes, and the quality of the health care being disputed. Sambhavna Trust is a charitable trust, registered in 1995, that gives modern as well as ayurvedic treatments to gas victims, free of charge.

Environmental rehabilitation

When the factory was closed in 1986, pipes, drums and tanks were sold. The MIC and the Sevin plants are still there, as are storages of different residues. Isolation material is falling down and spreading. The area around the plant was used as a dumping area for hazardous chemicals. In 1982 tubewells in the vicinity of the UCIL factory had to be abandoned and tests in 1989 performed by UCC's laboratory revealed that soil and water samples collected from near the factory and inside the plant were toxic to fish. Several other studies had also shown polluted soil and groundwater in the area. Reported polluting compounds include 1-naphthol, naphthalene, Sevin, tarry residue, mercury, toxic organochlorines, volatile organochlorine compounds, chromium, copper, nickel, lead, hexachloroethane, hexachlorobutadiene, and the pesticide HCH.

In order to provide safe drinking water to the population around the UCIL factory, Government of Madhya Pradesh presented a scheme for improvement of water supply. In December 2008, the Madhya Pradesh High Court decided that the toxic waste should be incinerated at Ankleshwar in Gujarat, which was met by protests from activists all over India. On 8 June 2012, the Centre for incineration of toxic Bhopal waste agreed to pay 250 million (US$3.5 million) to dispose of UCIL chemical plants waste in Germany. On 9 August 2012, Supreme court directed the Union and Madhya Pradesh Governments to take immediate steps for disposal of toxic waste lying around and inside the factory within six months.

A U.S. court rejected the lawsuit blaming UCC for causing soil and water pollution around the site of the plant and ruled that responsibility for remedial measures or related claims rested with the State Government and not with UCC. In 2005, the state government invited various Indian architects to enter their "concept for development of a memorial complex for Bhopal gas tragedy victims at the site of Union Carbide". In 2011, a conference was held on the site, with participants from European universities which was aimed for the same.

Occupational and habitation rehabilitation

33 of the 50 planned work-sheds for gas victims started. All except one was closed down by 1992. 1986, the MP government invested in the Special Industrial Area Bhopal. 152 of the planned 200 work sheds were built and in 2000, 16 were partially functioning. It was estimated that 50,000 persons need alternative jobs, and that less than 100 gas victims had found regular employment under the government's scheme. The government also planned 2,486 flats in two- and four-story buildings in what is called the "widow's colony" outside Bhopal. The water did not reach the upper floors and it was not possible to keep cattle which were their primary occupation. Infrastructure like buses, schools, etc. were missing for at least a decade.

Economic rehabilitation

Immediate relieves were decided two days after the tragedy. Relief measures commenced in 1985 when food was distributed for a short period along with ration cards. Madhya Pradesh government's finance department allocated 874 million (US$12 million) for victim relief in July 1985. Widow pension of 200 (US$2.80)/per month (later 750 (US$11)) were provided. The government also decided to pay 1,500 (US$21) to families with monthly income 500 (US$7.00) or less. As a result of the interim relief, more children were able to attend school, more money was spent on treatment and food, and housing also eventually improved. From 1990 interim relief of 200 (US$2.80) was paid to everyone in the family who was born before the disaster.

The final compensation, including interim relief for personal injury was for the majority 25,000 (US$350). For death claim, the average sum paid out was 62,000 (US$870). Each claimant were to be categorised by a doctor. In court, the claimants were expected to prove "beyond reasonable doubt" that death or injury in each case was attributable to exposure. In 1992, 44 percent of the claimants still had to be medically examined.

By the end of October 2003, according to the Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation had been awarded to 554,895 people for injuries received and 15,310 survivors of those killed. The average amount to families of the dead was $2,200.

In 2007, 1,029,517 cases were registered and decided. Number of awarded cases were 574,304 and number of rejected cases 455,213. Total compensation awarded was 15,465 million (US$220 million). On 24 June 2010, the Union Cabinet of the Government of India approved a 12,650 million (US$180 million) aid package which would be funded by Indian taxpayers through the government.

Other impacts

In 1985, Henry Waxman, a California Democrat, called for a U.S. government inquiry into the Bhopal disaster, which resulted in U.S. legislation regarding the accidental release of toxic chemicals in the United States.

Causes

There are two main lines of argument involving the disaster. The "Corporate Negligence" point of view argues that the disaster was caused by a potent combination of under-maintained and decaying facilities, a weak attitude towards safety, and an undertrained workforce, culminating in worker actions that inadvertently enabled water to penetrate the MIC tanks in the absence of properly working safeguards.

The "Worker Sabotage" point of view, held by Union Carbide, argues that it was not physically possible for the water to enter the tank without concerted human effort, and that extensive testimony and engineering analysis leads to a conclusion that water entered the tank when a rogue individual employee hooked a water hose directly to an empty valve on the side of the tank. This point of view further argues that the Indian government took extensive actions to hide this possibility in order to attach blame to UCC.

Theories differ as to how the water entered the tank. At the time, workers were cleaning out a clogged pipe with water about 400 feet from the tank. They claimed that they were not told to isolate the tank with a pipe slip-blind plate. The operators assumed that owing to bad maintenance and leaking valves, it was possible for the water to leak into the tank.

This water entry route could not be reproduced despite strenuous efforts by motivated parties. UCC claims that a "disgruntled worker" deliberately connecting a hose to a pressure gauge connection was the real cause.

Early the next morning, a UCIL manager asked the instrument engineer to replace the gauge. UCIL's investigation team found no evidence of the necessary connection; the investigation was totally controlled by the government, denying UCC investigators access to the tank or interviews with the operators.

Corporate negligence

This point of view argues that management (and to some extent, local government) underinvested in safety, which allowed for a dangerous working environment to develop. Factors cited include the filling of the MIC tanks beyond recommended levels, poor maintenance after the plant ceased MIC production at the end of 1984, allowing several safety systems to be inoperable due to poor maintenance, and switching off safety systems to save money— including the MIC tank refrigeration system which could have mitigated the disaster severity, and non-existent catastrophe management plans. Other factors identified by government inquiries included undersized safety devices and the dependence on manual operations. Specific plant management deficiencies that were identified include the lack of skilled operators, reduction of safety management, insufficient maintenance, and inadequate emergency action plans.

Underinvestment

Underinvestment is cited as contributing to an environment. In attempts to reduce expenses, $1.25 million of cuts were placed upon the plant which affected the factory's employees and their conditions. Kurzman argues that "cuts ... meant less stringent quality control and thus looser safety rules. A pipe leaked? Don't replace it, employees said they were told ... MIC workers needed more training? They could do with less. Promotions were halted, seriously affecting employee morale and driving some of the most skilled ... elsewhere". Workers were forced to use English manuals, even though only a few had a grasp of the language.

Subsequent research highlights a gradual deterioration of safety practices in regard to the MIC, which had become less relevant to plant operations. By 1984, only six of the original twelve operators were still working with MIC and the number of supervisory personnel had also been halved. No maintenance supervisor was placed on the night shift and instrument readings were taken every two hours, rather than the previous and required one-hour readings. Workers made complaints about the cuts through their union but were ignored. One employee was fired after going on a 15-day hunger strike. 70% of the plant's employees were fined before the disaster for refusing to deviate from the proper safety regulations under pressure from the management.

In addition, some observers, such as those writing in the Trade Environmental Database (TED) Case Studies as part of the Mandala Project from American University, have pointed to "serious communication problems and management gaps between Union Carbide and its Indian operation", characterised by "the parent companies [sic] hands-off approach to its overseas operation" and "cross-cultural barriers".

Adequacy of equipment and regulations

The factory was not well equipped to handle the gas created by the sudden addition of water to the MIC tank. The MIC tank alarms had not been working for four years and there was only one manual back-up system, compared to a four-stage system used in the United States. The flare tower and several vent gas scrubbers had been out of service for five months before the disaster. Only one gas scrubber was operating: it could not treat such a large amount of MIC with sodium hydroxide (caustic soda), which would have brought the concentration down to a safe level. The flare tower could only handle a quarter of the gas that leaked in 1984, and moreover it was out of order at the time of the incident. To reduce energy costs, the refrigeration system was idle. The MIC was kept at 20 degrees Celsius, not the 4.5 degrees advised by the manual. Even the steam boiler, intended to clean the pipes, was non-operational for unknown reasons. Slip-blind plates that would have prevented water from pipes being cleaned from leaking into the MIC tanks, had the valves been faulty, were not installed and their installation had been omitted from the cleaning checklist. As MIC is water-soluble, deluge guns were in place to contain escaping gases from the stack. The water pressure was too weak for the guns to spray high enough to reach the gas which would have reduced the concentration of escaping gas significantly. In addition to it, carbon steel valves were used at the factory, even though they were known to corrode when exposed to acid.

According to the operators, the MIC tank pressure gauge had been malfunctioning for roughly a week. Other tanks were used, rather than repairing the gauge. The build-up in temperature and pressure is believed to have affected the magnitude of the gas release. UCC admitted in their own investigation report that most of the safety systems were not functioning on the night of 3 December 1984. The design of the MIC plant, following government guidelines, was "Indianized" by UCIL engineers to maximise the use of indigenous materials and products. Mumbai-based Humphreys and Glasgow Consultants Pvt. Ltd., were the main consultants, Larsen & Toubro fabricated the MIC storage tanks, and Taylor of India Ltd. provided the instrumentation. In 1998, during civil action suits in India, it emerged that the plant was not prepared for problems. No action plans had been established to cope with incidents of this magnitude. This included not informing local authorities of the quantities or dangers of chemicals used and manufactured at Bhopal.

Safety audits

Safety audits were done every year in the US and European UCC plants, but only every two years in other parts of the world. Before a "Business Confidential" safety audit by UCC in May 1982, the senior officials of the corporation were well aware of "a total of 61 hazards, 30 of them major and 11 minor in the dangerous phosgene/methyl isocyanate units" in Bhopal. In the audit 1982, it was indicated that worker performance was below standards. Ten major concerns were listed. UCIL prepared an action plan, but UCC never sent a follow-up team to Bhopal. Many of the items in the 1982 report were temporarily fixed, but by 1984, conditions had again deteriorated. In September 1984, an internal UCC report on the West Virginia plant in the United States revealed a number of defects and malfunctions. It warned that "a runaway reaction could occur in the MIC unit storage tanks, and that the planned response would not be timely or effective enough to prevent catastrophic failure of the tanks". This report was never forwarded to the Bhopal plant, although the main design was the same.

Impossibility of the "negligence"

According to the "Corporate Negligence" argument, workers had been cleaning out pipes with water nearby. This water was diverted due to a combination of improper maintenance, leaking and clogging, and eventually ended up in the MIC storage tank. Indian scientists also suggested that additional water might have been introduced as a "back-flow" from a defectively designed vent-gas scrubber. None of these theoretical routes of entry were ever successfully demonstrated during tests by the Central Bureau of Investigation (CBI) and UCIL engineers.

A Union Carbide commissioned analysis conducted by Arthur D. Little claims that the Negligence argument was impossible for several tangible reasons:

  1. The pipes being used by the nearby workers were only 1/2 inch in diameter and were physically incapable of producing enough hydraulic pressure to raise water the more than 10 feet that would have been necessary to enable the water to "backflow" into the MIC tank.
  2. A key intermediate valve would have had to be open for the Negligence argument to apply. This valve was "tagged" closed, meaning that it had been inspected and found to be closed. While it is possible for open valves to clog over time, the only way a closed valve allows penetration is if there is leakage, and 1985 tests carried out by the government of India found this valve to be non-leaking.
  3. In order for water to have reached the MIC tank from the pipe-cleaning area, it would have had to flow through a significant network of pipes ranging from 6 to 8 inches in diameter, before rising ten feet and flowing into the MIC tank. Had this occurred, most of the water that was in those pipes at the time the tank had its critical reaction would have remained in those pipes, as there was no drain for them. Investigation by the Indian government in 1985 revealed that the pipes were bone dry.

Employee sabotage

Now owned by Dow Chemical Company, Union Carbide maintains a website dedicated to the tragedy and claims that the incident was the result of sabotage, stating that sufficient safety systems were in place and operative to prevent the intrusion of water.

The Union Carbide-commissioned Arthur D. Little report concluded that it was likely that a single employee secretly and deliberately introduced a large amount of water into the MIC tank by removing a meter and connecting a water hose directly to the tank through the metering port.

UCC claims the plant staff falsified numerous records to distance themselves from the incident and absolve themselves of blame, and that the Indian government impeded its investigation and declined to prosecute the employee responsible, presumably because it would weaken its allegations of negligence by Union Carbide.

The evidence advanced by UCC, alleged to support this hypothesis:

  1. A key witness testified that when he entered the control room at 12:15 am, prior to the disaster, the "atmosphere was tense and quiet".
  2. Another key witness (the "instrument supervisor") testified that when he arrived at the scene immediately following the incident, he noticed that the local pressure indicator on the critical Tank 610 was missing, and that he had found a hose lying next to the empty manhead created by the missing pressure indicator, and that the hose had had water running out of it. (This testimony was corroborated by other witnesses.)
  3. Graphological analysis revealed major attempts to alter logfiles and destroy log evidence.
  4. Other logfiles show that the control team had attempted to purge 1 ton of material out of Tank 610 immediately prior to the disaster. An attempt was then made to cover up this transfer via log alteration. Water is heavier than MIC, and the transfer line is attached to the bottom of the tank. The Arthur D. Little report concludes from this that the transfer was an effort to transfer water out of Tank 610 that had been discovered there.
  5. Second-hand and third-hand recounting of events yielded two accounts that corroborated UCC's conspiracy hypothesis; an operator from a different unit stated that after the release, two MIC operators had told him that water had entered the tank through a pressure gauge. One employee from stated that "he had been told by a close friend of one of the MIC operators that water had entered through a tube that had been connected to the tank." This had been allegedly discovered by the other MIC operators who then tried to open and close valves to prevent the release.

The Little report argues that this evidence demonstrates that the following chronology took place:

  • At 10:20pm, the tank was at normal pressure, indicating the absence of water.
  • At 10:45pm, a shift change took place, after which the MIC storage area "would be completely deserted". During this period, a "disgruntled operator entered the storage area and hooked up one of the readily available rubber water hoses to Tank 610, with the intention of contaminating and spoiling the tank's contents."
  • Water began to flow, beginning the chemical reaction that caused the disaster.
  • After midnight, control room operators noticed the pressure rising and realized there was a problem with Tank 610. They discovered the water connection, and decided to transfer one ton of the contents out to try and remove the water. The MIC release then occurred.
  • The cover-up activities discovered during the investigation then took place.
  • After over 30 years, in November 2017, S. P. Choudhary, former MIC production manager, claimed in court that the disaster was not an accident but the result of a sabotage that claimed thousands of lives.

Chaudry's counsel, Anirban Roy, argued that the theory of design defects was floated by the central government in its endeavour to protect the victims of the tragedy. Everyone else who was part of investigations into the case "just toed the line of the central government.... The government and the CBI suppressed the actual truth and saved the real perpetrators of the crime."

Roy argued to the district court that disgruntled plant operator M. L. Verma was behind the sabotage because he was unhappy with senior management. The counsel argued that there were discrepancies in the statements given by persons who were operating the plant at that time but the central agency chose not to investigate the case properly because it always wanted to prove that it was a mishap, and not sabotage. He alleged that Verma was unhappy with Chaudhary and Mukund.

Additional Union Carbide actions

The corporation denied the claim that the valves on the tank were malfunctioning, and claimed that the documented evidence gathered after the incident showed that the valve close to the plant's water-washing operation was closed and was leak-tight. Furthermore, process safety systems had prevented water from entering the tank by accident. Carbide states that the safety concerns identified in 1982 were all allayed before 1984 and had nothing to do with the incident.

The company admitted that the safety systems in place would not have been able to prevent a chemical reaction of that magnitude from causing a leak. According to Carbide, "in designing the plant's safety systems, a chemical reaction of this magnitude was not factored in" because "the tank's gas storage system was designed to automatically prevent such a large amount of water from being inadvertently introduced into the system" and "process safety systems—in place and operational—would have prevented water from entering the tank by accident". Instead, they claim that "employee sabotage—not faulty design or operation—was the cause of the tragedy".

Tactical response

The company stresses the immediate action taken after the disaster and its continued commitment to helping the victims. On 4 December, the day following the leak, Union Carbide sent material aid and several international medical experts to assist the medical facilities in Bhopal.

Financial response

The primary financial restitution paid by UCC was negotiated in 1989, when the Indian Supreme Court approved a settlement of US$470 million (₹1,055 crore; equivalent to $860 million in 2019). This amount was immediately paid by UCC to the Indian government. The company states that the restitution paid "was $120 million more than plaintiffs' lawyers had told U.S. courts was fair" and that the Indian Supreme Court stated in its opinion that "compensation levels under the settlement were far greater than would normally be payable under Indian law."

In the immediate aftermath of the disaster, Union Carbide states on its website that it put $2 million into the Indian prime minister's immediate disaster relief fund on 11 December 1984. The corporation established the Employees' Bhopal Relief Fund in February 1985, which raised more than $5 million for immediate relief. According to Union Carbide, in August 1987, they made an additional $4.6 million in humanitarian interim relief available.

Union Carbide stated that it also undertook several steps to provide continuing aid to the victims of the Bhopal disaster. The sale of its 50.9 percent interest in UCIL in April 1992 and establishment of a charitable trust to contribute to the building of a local hospital. The sale was finalised in November 1994. The hospital was begun in October 1995 and was opened in 2001. The company provided a fund with around $90 million from sale of its UCIL stock. In 1991, the trust had amounted approximately $100 million. The hospital catered for the treatment of heart, lung and eye problems. UCC also provided a $2.2 million grant to Arizona State University to establish a vocational-technical center in Bhopal, which was opened, but was later closed by the state government. They also donated $5 million to the Indian Red Cross after the disaster. They also developed a Responsible Care system with other members of the chemical industry as a response to the Bhopal crisis, which was designed to help prevent such an event in the future.

Charges against UCC and UCIL employees

UCC chairman and CEO Warren Anderson was arrested and released on bail by the Madhya Pradesh Police in Bhopal on 7 December 1984. Anderson was taken to UCC's house after which he was released six hours later on $2,100 bail and flown out on a government plane. These actions were allegedly taken under the direction of then chief secretary of the state, who was possibly instructed from chief minister's office, who himself flew out of Bhopal immediately. Later in 1987, the Indian government summoned Anderson, eight other executives and two company affiliates with homicide charges to appear in Indian court. In response, Union Carbide said the company is not under Indian jurisdiction.

From 2014, Dow is a named respondent in a number of ongoing cases arising from Union Carbide's business in Bhopal.

Ongoing contamination

A view of MIC plant surrounded by few metal pipes
Deteriorating section of the MIC plant in 2008, decades after the gas leak.

Chemicals abandoned at the plant continue to leak and pollute the groundwater. Whether the chemicals pose a health hazard is disputed. Contamination at the site and surrounding area was not caused by the gas leakage. The area around the plant was used as a dumping ground for hazardous chemicals and by 1982 water wells in the vicinity of the UCIL factory had to be abandoned. UCC states that "after the incident, UCIL began clean-up work at the site under the direction of Indian central and state government authorities". The work was continued from 1994 by Eveready Industries India, Limited (EIIL) who was UCIL's successor. In 1998, the Madhya Pradesh State Government, which owned and had been leasing the property to EIIL, cancelled the lease, took over the facility and assumed all accountability for the site, including the completion of any remediation.

UCC's laboratory tests in 1989 revealed that soil and water samples collected from near the factory were toxic to fish. Twenty-one areas inside the plant were reported to be highly polluted. In 1991 the municipal authorities declared that water from over 100 wells was hazardous for health if used for drinking. In 1994 it was reported that 21% of the factory premises were seriously contaminated with chemicals. Beginning in 1999, studies made by Greenpeace and others from soil, groundwater, well water and vegetables from the residential areas around UCIL and from the UCIL factory area show contamination with a range of toxic heavy metals and chemical compounds. Substances found, according to the reports, are naphthol, naphthalene, Sevin, tarry residues, alpha naphthol, mercury, organochlorines, chromium, copper, nickel, lead, hexachlorethane, hexachlorobutadiene, pesticide HCH (BHC), volatile organic compounds and halo-organics. Many of these contaminants were also found in breast milk of women living near the area. Soil tests were conducted by Greenpeace in 1999. One sample (IT9012) from "sediment collected from drain under former Sevin plant" showed mercury levels to be at "20,000 and 6 million times" higher than expected levels. Organochlorine compounds at elevated levels were also present in groundwater collected from (sample IT9040) a 4.4 meter depth "bore-hole within the former UCIL site". This sample was obtained from a source posted with a warning sign which read "Water unfit for consumption". Chemicals that have been linked to various forms of cancer were also discovered, as well as trichloroethylene, known to impair fetal development, at 50 times above safety limits specified by the U.S. Environmental Protection Agency (EPA). In 2002, an inquiry by Fact-Finding Mission on Bhopal found a number of toxins, including mercury, lead, 1,3,5 trichlorobenzene, dichloromethane and chloroform, in nursing women's breast milk.

A 2004 BBC Radio 5 broadcast reported the site is contaminated with toxic chemicals including benzene hexachloride and mercury, held in open containers or loose on the ground. A drinking water sample from a well near the site had levels of contamination 500 times higher than the maximum limits recommended by the World Health Organization. In 2009, the Centre for Science and Environment, a Delhi-based pollution monitoring lab, released test results showing pesticide groundwater contamination up to three kilometres from the factory. Also in 2009, the BBC took a water sample from a frequently used hand pump, located just north of the plant. The sample, tested in UK, was found to contain 1,000 times the World Health Organization's recommended maximum amount of carbon tetrachloride, a carcinogenic toxin.

In 2010, a British photojournalist ventured into the abandoned UCIL factory to investigate allegations of abandoned, leaking toxins. He was hospitalized in Bhopal for a week after he was exposed to chemicals. Doctors at the Sambhavna Clinic treated him with oxygen, painkillers and anti-inflammatories following a severe respiratory reaction to toxic dust inside the factory.

In October 2011, the Institute of Environmental Management and Assessment published an article and video by two British environmental scientists, showing the current state of the plant, landfill and solar evaporation ponds and calling for renewed international efforts to provide the necessary skills to clean up the site and contaminated groundwater.

Popular culture

Novels

Amulya Malladi's 2002 novel A Breath of Fresh Air relates the story of a mother and son who develop health issues as a result of exposure to gas at Bhopal. The book is based on Malladi's recollections of Bhopal during the incident.

Indra Sinha released Animal's People in 2007. The novel tells the story of a boy who is born with a spinal condition due to effects of the gas. The book was shortlisted for the Man Booker Prize.

Arundhati Roy's 2017 novel The Ministry of Utmost Happiness which deals with many contemporary political issues in India, also features several characters still dealing with the aftermath of the gas leak.

Annie Murray's novel Mother and Child (2019) is partly set in post-disaster Bhopal.

Music

Film

In 1999, a Hindi film dealing with the tragedy, Bhopal Express, was released. The film stars Kay Kay Menon and Naseeruddin Shah.

In 2014, to coincide with the 30th anniversary of the disaster, historical-drama Bhopal: A Prayer for Rain was released, starring Martin Sheen as Union Carbide CEO Warren Anderson, Kal Penn, and Mischa Barton.

Activism

Local activism

Protest in Bhopal in 2010

Since 1984, individual activists have played a role in the aftermath of the tragedy. The best-known is Satinath Sarangi (Sathyu), a metallurgic engineer who arrived at Bhopal the day after the leakage. He founded several activist groups, as well as Sambhavna Trust, the clinic for gas affected patients, where he is the manager. Other activists include Rashida Bee and Champa Devi Shukla, who received the Goldman Prize in 2004, Abdul Jabbar and Rachna Dhingra. Soon after the accident, other representatives from different activist groups arrived. The activists worked on organising the gas victims, which led to violent repression from the police and the government.

Numerous actions have been performed: demonstrations, sit-ins, hunger strikes, marches combined with pamphlets, books, and articles. Every anniversary, actions are performed. Often these include marches around Old Bhopal, ending with burning an effigy of Warren Anderson.

International activism

Cooperation with international NGOs including Pesticide Action Network UK and Greenpeace started soon after the tragedy. One of the earliest reports is the Trade Union report from ILO 1985.

In 1992, a session of the Permanent Peoples' Tribunal on Industrial Hazards and Human Rights took place in Bhopal, and in 1996, the "Charter on Industrial Hazards and Human Rights" was adopted.

In 1994, the International Medical Commission on Bhopal (IMCB) met in Bhopal. Their work contributed to long-term health effects being officially recognised.

Activist organisations

Bhopal People's Health and Documentation Clinic

More than 14 different NGOs were immediately engaged and 15 international, national and local organisations have been engaged including:

  • International Campaign for Justice in Bhopal (ICJB), coordinates international activities
  • Bhopal Medical Appeal, collects funds for the Sambhavna Trust
  • Sambhavna Trust or Bhopal People's Health and Documentation Clinic. Provides medical care for gas affected patients and those living in water-contaminated area
  • Chingari Trust, provides medical care for children being born in Bhopal with malformations and brain damages
  • Students for Bhopal, based in the United States
  • International Medical Commission on Bhopal, provided medical information 1994–2000
  • Bhopal Gas Peedit Mahila-Stationery Karmachari Sangh
  • Bhopal Gas Peedit Mahila Udyog Sangthan

Settlement fund hoax

On 3 December 2004, the twentieth anniversary of the disaster, a man falsely claiming to be a Dow representative named Jude Finisterra was interviewed on BBC World News. He claimed that the company had agreed to clean up the site and compensate those harmed in the incident, by liquidating Union Carbide for US$12 billion. Dow quickly issued a statement saying that they had no employee by that name—that he was an impostor, not affiliated with Dow, and that his claims were a hoax. The BBC later broadcast a correction and an apology.

Jude Finisterra was actually Andy Bichlbaum, a member of the activist prankster group The Yes Men. In 2002, The Yes Men issued a fake press release explaining why Dow refused to take responsibility for the disaster and started up a website, at "DowEthics.com", designed to look like the real Dow website, but containing hoax information.

Monitoring of activists

The release of an email cache related to intelligence research organisation Stratfor was leaked by WikiLeaks on 27 February 2012. It revealed that Dow Chemical had engaged Stratfor to spy on the public and personal lives of activists involved in the Bhopal disaster, including the Yes Men. E-mails to Dow representatives from hired security analysts list the YouTube videos liked, Twitter and Facebook posts made and the public appearances of these activists. Journalists, film-makers and authors who were investigating Bhopal and covering the issue of ongoing contamination, such as Jack Laurenson and Max Carlson, were also placed under surveillance. Stratfor released a statement condemning the revelation by Wikileaks while neither confirming nor denying the accuracy of the reports, and would only state that it had acted within the bounds of the law. Dow Chemical also refrained to comment on the matter.

Ingrid Eckerman, a member of the International Medical Commission on Bhopal, has been denied a visa to visit India.

 

Lie point symmetry

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Lie_point_symmetry     ...