Bhopal in the United States

Bhopal in Environmental Law

On 3 December 1984, a Union Carbide plant in Bhopal, India, released approximately 30 tons of methylisocyanate into the air. Two thousand people died immediately, and estimates eventually rose to 3,500. Over 200,000 people were injured from the gas. Five years later a survey of the immediate community revealed that up to 70 percent of the inhabitants were ill or disabled.

The government of India sued Union Carbide. When the case was settled, Union Carbide paid 470 million dollars in exchange for release of all claims against it. It denied liability, saying an employee deliberately caused the discharge.

Soon after the Bhopal catastrophe, a plant in Institute, West Virginia, released aldicarb oxime. Later, in Basel, Switzerland, the Sandoz chemical factory warehouse burned, instantly sending more chemicals into the Rhine than are normally released in a year.

Reaction to these disasters was strong. It was obvious, after these two incidents, that accidents like these could destroy life quickly and without warning, and that many people are vulnerable. The public outcry reached Congress and resulted in a significant change in the Superfund Amendments and Reauthorization Act (SARA). It had become apparent that cleanup and control of pollutants as they are normally managed would not benefit communities with potentially dangerous chemicals close to them. The focus shifted to planning, information, and emergency response to unexpected releases of harmful chemicals. The section of SARA that deals with this topic is Title III, and many practitioners refer to it as SARA Title III. The full name of the law reveals its intent: the Emergency Planning and Community RightToKnow Act (EPCRA).

EPCRA requires businesses to file information on the chemicals it uses or makes, prepare emergency action plans, disclose the amounts of chemicals it releases, and cooperate with authorities. It establishes state and local emergency planning organizations and sets up a system to coordinate emergency response. See also State Emergency Response Commission.
Based on “Environment and the Law. A Dictionary”.