Tag Archives: Frank Pallone

US Congresspeople file amicus in Bhopal suit

“It is unacceptable to allow an American company not only the opportunity to exploit international borders and legal jurisdictions but also the ability to evade civil and criminal liability for environmental pollution and abuses committed overseas.” – Leading Congressman Frank Pallone, Times of India, 18th Oct.

This unequivocal statement announced the Amicus brief that has been filed with the US Court of Appeals for the Second Circuit by Congressman Pallone and eight other US lawmakers on behalf of the Bhopal survivors’ Class Action.

That’s the rotten news for Carbide. Now the unspeakable news for Daddy Dow: the brief urges the Court of Appeals to hold Dow responsible for Bhopal and exposes Dow’s refusal to accept liability for ongoing contamination as legally indefensible: “That [polluter pays] principle, has been affirmed by both international law and American common law and the appropriate means for addressing pollution or environmental harm regardless of where it occurs. That principle cannot be ignored simply because the polluter has abandoned its facility, sold its shares in a subsidy or otherwise effected change of ownership.”

Times of India
Congressman Pallone fights for Bhopal gas victims
IANS[ Saturday, October 18, 2003 12:43:59 PM ]

WASHINGTON: Leading Congressman Frank Pallone and eight other US
lawmakers, have filed an amicus brief on behalf of about 20,000 victims of the 1984 Union Carbide chemical disaster in Bhopal.

Pallone, co-founder of the Congressional Caucus on India and Indian
Americans, and his colleagues have sent the 23-page brief to the US Court of Appeals for the Second Circuit. It urges the court to hold Dow Chemical, which acquired Union Carbide in 2001, responsible for the world’s biggest environmental disaster.

The brief, initiated by Pallone, comes in response to a March decision by a US District Judge in New York dismissing all claims against Dow Chemical. Victims then appealed to the Second Circuit, said a press release from Pallone’s office.

“There is strong support in Congress for holding those responsible for this horrific tragedy accountable for their actions,” he said. “It is unacceptable to allow an American company not only the opportunity to exploit international borders and legal jurisdictions but also the ability to evade civil and criminal liability for environmental pollution and abuses committed overseas.”

For the whole article click here.

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Members of Congress tell Dow, Face Up to Your Bhopal Liabilities

WASHINGTON D.C. TUESDAY 22 JULY Eighteen members of Congress have sent a letter to Dow Chairman William Stavropoulos demanding that his company assume liability for the wrongdoings of Union Carbide (its 100% subsidiary) in Bhopal. The Congresspersons, led by Representatives Frank Pallone and Dennis Kucinich are demanding that Dow provide medical rehabilitation and economic reparations for the victims of the tragedy; clean up contamination in and around the former factory site in Bhopal; provide alternative supplies of fresh water to the affected communities and ensure that the Union Carbide Corporation appears before the Chief Judicial Magistrate’s court in Bhopal where it faces criminal charges of culpable homicide.

“The disaster in Bhopal continues and is likely to worsen if Dow Chemical does not step forward to fulfil its responsibilities,” the letter said, adding “It is disheartening to note that a company such as Dow who professes to lead the chemical industry towards ‘responsible care’ shies away from its obligations when truly responsible care can be demonstrated. More disturbing is the manner in which Union Carbide and Dow Chemical have ignored the summons of the Bhopal court. This exposes a blatant disregard for the law.”

On the 24th March Halifax M.P. Alice Mahon filed Early Day Motion 933 in the UK parliament in support of the International Campaign for Justice in Bhopal’s efforts to make Dow and Union Carbide face up to their moral and legal responsibilities in Bhopal. The motion resolves:

“That this House is appalled by the continuing suffering of the people of Bhopal 18 years after the world’s worst environmental disaster; notes that the contaminated land on the site of the disaster has never been cleaned up, that high quantities of lead and organochlorines continue to be found in the breast milk of local women and that the local population is plagued by ill health and birth deformities; congratulates the work of the Sambhavna medical clinic in treating survivors and that of the International Campaign for Justice in Bhopal in trying to make Union Carbide and its present owner Dow Chemical face up to their moral and legal responsibilities; and further applauds the campaign for the extradition from the USA of former Union Carbide CEO Warren Anderson, wanted in India on criminal charges of culpable homicide in connection with the deaths of 20,000 people.”

As reported today by the Bhopal Central Chronicle, Hindustan Times, The Hindu, New Indpress PTI News

Full letter here.
For ICJB press statement at https://www.bhopal.net/oldsite/congressletter.html

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