Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Mike Weaver
I did sell all my stock in UC after that - as a matter of fact I am 
having a hard time trying to invest responsibly.  Anyone have suggestions?


Keith Addison wrote:


Hello Mike


How was the Bhopal case handled?



It wasn't handled at all, it was grossly mishandled and is still being 
grossly mishandled. It's not a case, it's an atrocity. It's a whole 
bunch of atrocities.


From a previous message :

In a message dated 2/23/2004 7:30:44 AM Central Standard Time, 
[EMAIL PROTECTED] writes:
such as Union Carbide's metamorphosis into Dow Chemicals after its 
corporate terrorism in Bhopal (1984). As I understood it, there was 
terrorism, but not by Union Carbide. Someone sabotaged the plant. 
Can you clue us in on what really happened? Please? I'd really like 
to know what happened and how and who was at fault.



Damn... Sorry - same problem, a bulging file of info, 5.6Mb of it, 
129 documents, have to pare it down. Yeah, well, okay...


Bhopal was and still is today an appalling atrocity, still ongoing 
after 20 years, a major crime against humanity and something we all 
should know about. And be outraged about. So pardon my mumblings, I'm 
glad that you ask. You'll have to spend some time doing some 
research, but all the information is ready to hand, you just have to 
read it. The bald, bare facts are quite bad enough, but the full 
picture in all its sickening detail is far worse, and it's important 
to get the full picture. I hope your stomach is strong.


It's not at all what you think - the sabotage story is just a part 
of the considerable amount of disinfo and evasion generated by 
UC/Dow, and even were it true, what the saboteur is alleged to have 
done should not have had those results, it should have been 100% 
impossible. Instead, it was just waiting to happen, and the company 
knew it.


- Though the design of the methyl isocyanate (MIC) unit at Bhopal was 
based on Union Carbide's West Virginia plant, grossly lower standards 
were employed in the selection of construction material, monitoring 
devices and safety systems.


- Union Carbide wanted to save money. Accidental leaks from all the 
Bhopal units were frequent, and operators and workers were regularly 
exposed to different substances. The factory was running at a loss. 
In November 1984 the most important safety systems were either closed 
down or not functioning.


- Between 1980 and 1984 the work crew of the MIC unit was halved from 
12 to six workers, the maintenance crew from six to two workers. On 
December 26, 1981 a plant operator was killed by a phosgene gas leak. 
Another phosgene leak in January 1982 severely injured 28 workers and 
in October the same year MIC escaped from a broken valve and four 
workers were exposed to the chemical. The senior officials of the 
corporation, privy to a business confidential safety audit in May 
1982, were well aware of 61 hazards, 30 of them major and 11 in the 
dangerous phosgene/MIC units. Remedial measures were then taken at 
Union Carbide's identical MIC plant in West Virginia but not in 
Bhopal. In Bhopal, prior to the disaster, environmental safety 
concerns by private citizens were responded to by legal threats from 
the company and repressive managerial measures were employed against 
workers who raised occupational health concerns.


- Secret Union Carbide documents obtained by discovery during a 
class action suit brought by survivors against the company in New 
York, reveal that the technology used at the fatal Bhopal factory - 
including the crucial units manufacturing carbon monoxide and methyl 
isocyanate (MIC) - was unproven, and that the company knew it would 
pose unknown risks. The corporation knew the danger, but regarded it 
as an acceptable business risk.


- Senior Carbide officials, including ex-CEO Warren Anderson, not 
only knew about design defects and potential safety issues with the 
Bhopal factory, they actually authorised them.


- On the night of the disaster, water (that was being used for 
washing the lines) entered the tank containing MIC through leaking 
valves. The refrigeration unit, which should have kept the MIC close 
to zero degrees centigrade, had been shut off by the company 
officials to save on electricity bills. The entrance of water in the 
tank, full of MIC at ambient temperature triggered off an exothermic 
runaway reaction an consequently the release of 27 tons of the lethal 
gas mixture. The safety systems, which in any case were not designed 
for such a runaway situation, were non-functioning and under repair. 
Lest the neighborhood community be unduly alarmed, the siren in the 
factory had been switched off. Poison clouds from the Union Carbide 
factory enveloped an arc of over 20 square kilometers before the 
residents could run away from its deadly hold.


- People woke up coughing, gasping for breath, their eyes burning. 
Many fell dead as they ran. Others succumbed at the hospitals where 
doctors were overwhelmed by the numbers 

Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Appal Energy

Invest in yourself. The rate of return is much higher.

Todd Swearingen



Mike Weaver wrote:

I did sell all my stock in UC after that - as a matter of fact I am 
having a hard time trying to invest responsibly.  Anyone have 
suggestions?


Keith Addison wrote:


Hello Mike


How was the Bhopal case handled?




It wasn't handled at all, it was grossly mishandled and is still 
being grossly mishandled. It's not a case, it's an atrocity. It's a 
whole bunch of atrocities.


From a previous message :

In a message dated 2/23/2004 7:30:44 AM Central Standard Time, 
[EMAIL PROTECTED] writes:
such as Union Carbide's metamorphosis into Dow Chemicals after its 
corporate terrorism in Bhopal (1984). As I understood it, there was 
terrorism, but not by Union Carbide. Someone sabotaged the plant. 
Can you clue us in on what really happened? Please? I'd really like 
to know what happened and how and who was at fault.




Damn... Sorry - same problem, a bulging file of info, 5.6Mb of it, 
129 documents, have to pare it down. Yeah, well, okay...


Bhopal was and still is today an appalling atrocity, still ongoing 
after 20 years, a major crime against humanity and something we all 
should know about. And be outraged about. So pardon my mumblings, 
I'm glad that you ask. You'll have to spend some time doing some 
research, but all the information is ready to hand, you just have to 
read it. The bald, bare facts are quite bad enough, but the full 
picture in all its sickening detail is far worse, and it's important 
to get the full picture. I hope your stomach is strong.


It's not at all what you think - the sabotage story is just a part 
of the considerable amount of disinfo and evasion generated by 
UC/Dow, and even were it true, what the saboteur is alleged to have 
done should not have had those results, it should have been 100% 
impossible. Instead, it was just waiting to happen, and the company 
knew it.


- Though the design of the methyl isocyanate (MIC) unit at Bhopal 
was based on Union Carbide's West Virginia plant, grossly lower 
standards were employed in the selection of construction material, 
monitoring devices and safety systems.


- Union Carbide wanted to save money. Accidental leaks from all the 
Bhopal units were frequent, and operators and workers were regularly 
exposed to different substances. The factory was running at a loss. 
In November 1984 the most important safety systems were either 
closed down or not functioning.


- Between 1980 and 1984 the work crew of the MIC unit was halved 
from 12 to six workers, the maintenance crew from six to two 
workers. On December 26, 1981 a plant operator was killed by a 
phosgene gas leak. Another phosgene leak in January 1982 severely 
injured 28 workers and in October the same year MIC escaped from a 
broken valve and four workers were exposed to the chemical. The 
senior officials of the corporation, privy to a business 
confidential safety audit in May 1982, were well aware of 61 
hazards, 30 of them major and 11 in the dangerous phosgene/MIC 
units. Remedial measures were then taken at Union Carbide's 
identical MIC plant in West Virginia but not in Bhopal. In Bhopal, 
prior to the disaster, environmental safety concerns by private 
citizens were responded to by legal threats from the company and 
repressive managerial measures were employed against workers who 
raised occupational health concerns.


- Secret Union Carbide documents obtained by discovery during a 
class action suit brought by survivors against the company in New 
York, reveal that the technology used at the fatal Bhopal factory - 
including the crucial units manufacturing carbon monoxide and methyl 
isocyanate (MIC) - was unproven, and that the company knew it would 
pose unknown risks. The corporation knew the danger, but regarded it 
as an acceptable business risk.


- Senior Carbide officials, including ex-CEO Warren Anderson, not 
only knew about design defects and potential safety issues with the 
Bhopal factory, they actually authorised them.


- On the night of the disaster, water (that was being used for 
washing the lines) entered the tank containing MIC through leaking 
valves. The refrigeration unit, which should have kept the MIC close 
to zero degrees centigrade, had been shut off by the company 
officials to save on electricity bills. The entrance of water in the 
tank, full of MIC at ambient temperature triggered off an exothermic 
runaway reaction an consequently the release of 27 tons of the 
lethal gas mixture. The safety systems, which in any case were not 
designed for such a runaway situation, were non-functioning and 
under repair. Lest the neighborhood community be unduly alarmed, 
the siren in the factory had been switched off. Poison clouds from 
the Union Carbide factory enveloped an arc of over 20 square 
kilometers before the residents could run away from its deadly hold.


- People woke up coughing, gasping for breath, their eyes burning. 
Many fell 

Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Mike Weaver
I tried that, but then I embezzled the money and now Eliot Spitzer is 
after me!



Appal Energy wrote:


Invest in yourself. The rate of return is much higher.

Todd Swearingen



Mike Weaver wrote:

I did sell all my stock in UC after that - as a matter of fact I am 
having a hard time trying to invest responsibly.  Anyone have 
suggestions?


Keith Addison wrote:


Hello Mike


How was the Bhopal case handled?





It wasn't handled at all, it was grossly mishandled and is still 
being grossly mishandled. It's not a case, it's an atrocity. It's 
a whole bunch of atrocities.


From a previous message :

In a message dated 2/23/2004 7:30:44 AM Central Standard Time, 
[EMAIL PROTECTED] writes:
such as Union Carbide's metamorphosis into Dow Chemicals after its 
corporate terrorism in Bhopal (1984). As I understood it, there 
was terrorism, but not by Union Carbide. Someone sabotaged the 
plant. Can you clue us in on what really happened? Please? I'd 
really like to know what happened and how and who was at fault.





Damn... Sorry - same problem, a bulging file of info, 5.6Mb of it, 
129 documents, have to pare it down. Yeah, well, okay...


Bhopal was and still is today an appalling atrocity, still ongoing 
after 20 years, a major crime against humanity and something we all 
should know about. And be outraged about. So pardon my mumblings, 
I'm glad that you ask. You'll have to spend some time doing some 
research, but all the information is ready to hand, you just have 
to read it. The bald, bare facts are quite bad enough, but the full 
picture in all its sickening detail is far worse, and it's 
important to get the full picture. I hope your stomach is strong.


It's not at all what you think - the sabotage story is just a 
part of the considerable amount of disinfo and evasion generated by 
UC/Dow, and even were it true, what the saboteur is alleged to have 
done should not have had those results, it should have been 100% 
impossible. Instead, it was just waiting to happen, and the company 
knew it.


- Though the design of the methyl isocyanate (MIC) unit at Bhopal 
was based on Union Carbide's West Virginia plant, grossly lower 
standards were employed in the selection of construction material, 
monitoring devices and safety systems.


- Union Carbide wanted to save money. Accidental leaks from all the 
Bhopal units were frequent, and operators and workers were 
regularly exposed to different substances. The factory was running 
at a loss. In November 1984 the most important safety systems were 
either closed down or not functioning.


- Between 1980 and 1984 the work crew of the MIC unit was halved 
from 12 to six workers, the maintenance crew from six to two 
workers. On December 26, 1981 a plant operator was killed by a 
phosgene gas leak. Another phosgene leak in January 1982 severely 
injured 28 workers and in October the same year MIC escaped from a 
broken valve and four workers were exposed to the chemical. The 
senior officials of the corporation, privy to a business 
confidential safety audit in May 1982, were well aware of 61 
hazards, 30 of them major and 11 in the dangerous phosgene/MIC 
units. Remedial measures were then taken at Union Carbide's 
identical MIC plant in West Virginia but not in Bhopal. In Bhopal, 
prior to the disaster, environmental safety concerns by private 
citizens were responded to by legal threats from the company and 
repressive managerial measures were employed against workers who 
raised occupational health concerns.


- Secret Union Carbide documents obtained by discovery during a 
class action suit brought by survivors against the company in New 
York, reveal that the technology used at the fatal Bhopal factory - 
including the crucial units manufacturing carbon monoxide and 
methyl isocyanate (MIC) - was unproven, and that the company knew 
it would pose unknown risks. The corporation knew the danger, but 
regarded it as an acceptable business risk.


- Senior Carbide officials, including ex-CEO Warren Anderson, not 
only knew about design defects and potential safety issues with the 
Bhopal factory, they actually authorised them.


- On the night of the disaster, water (that was being used for 
washing the lines) entered the tank containing MIC through leaking 
valves. The refrigeration unit, which should have kept the MIC 
close to zero degrees centigrade, had been shut off by the company 
officials to save on electricity bills. The entrance of water in 
the tank, full of MIC at ambient temperature triggered off an 
exothermic runaway reaction an consequently the release of 27 tons 
of the lethal gas mixture. The safety systems, which in any case 
were not designed for such a runaway situation, were 
non-functioning and under repair. Lest the neighborhood community 
be unduly alarmed, the siren in the factory had been switched 
off. Poison clouds from the Union Carbide factory enveloped an arc 
of over 20 square kilometers before the residents could run 

Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread bob allen
I recently inherited some stock- the usual portfolio of stuff.  I am 
looking for a socially relevant investment company, but I really don't 
know what I am doing.  see for example


  http://www.domini.com/

http://www.calvertgroup.com/

http://www.paxworld.com/?rt=REF_gaw2

http://www.socialfunds.com/

http://www.coopamerica.org/socialinvesting/


Does anybody have recommendations among these type of funds?



Mike Weaver wrote:
I tried that, but then I embezzled the money and now Eliot Spitzer is 
after me!



Appal Energy wrote:


Invest in yourself. The rate of return is much higher.

Todd Swearingen



Mike Weaver wrote:

I did sell all my stock in UC after that - as a matter of fact I am 
having a hard time trying to invest responsibly.  Anyone have 
suggestions?


Keith Addison wrote:


Hello Mike


How was the Bhopal case handled?






It wasn't handled at all, it was grossly mishandled and is still 
being grossly mishandled. It's not a case, it's an atrocity. It's 
a whole bunch of atrocities.


From a previous message :

In a message dated 2/23/2004 7:30:44 AM Central Standard Time, 
[EMAIL PROTECTED] writes:
such as Union Carbide's metamorphosis into Dow Chemicals after its 
corporate terrorism in Bhopal (1984). As I understood it, there 
was terrorism, but not by Union Carbide. Someone sabotaged the 
plant. Can you clue us in on what really happened? Please? I'd 
really like to know what happened and how and who was at fault.






Damn... Sorry - same problem, a bulging file of info, 5.6Mb of it, 
129 documents, have to pare it down. Yeah, well, okay...


Bhopal was and still is today an appalling atrocity, still ongoing 
after 20 years, a major crime against humanity and something we all 
should know about. And be outraged about. So pardon my mumblings, 
I'm glad that you ask. You'll have to spend some time doing some 
research, but all the information is ready to hand, you just have 
to read it. The bald, bare facts are quite bad enough, but the full 
picture in all its sickening detail is far worse, and it's 
important to get the full picture. I hope your stomach is strong.


It's not at all what you think - the sabotage story is just a 
part of the considerable amount of disinfo and evasion generated by 
UC/Dow, and even were it true, what the saboteur is alleged to have 
done should not have had those results, it should have been 100% 
impossible. Instead, it was just waiting to happen, and the company 
knew it.


- Though the design of the methyl isocyanate (MIC) unit at Bhopal 
was based on Union Carbide's West Virginia plant, grossly lower 
standards were employed in the selection of construction material, 
monitoring devices and safety systems.


- Union Carbide wanted to save money. Accidental leaks from all the 
Bhopal units were frequent, and operators and workers were 
regularly exposed to different substances. The factory was running 
at a loss. In November 1984 the most important safety systems were 
either closed down or not functioning.


- Between 1980 and 1984 the work crew of the MIC unit was halved 
from 12 to six workers, the maintenance crew from six to two 
workers. On December 26, 1981 a plant operator was killed by a 
phosgene gas leak. Another phosgene leak in January 1982 severely 
injured 28 workers and in October the same year MIC escaped from a 
broken valve and four workers were exposed to the chemical. The 
senior officials of the corporation, privy to a business 
confidential safety audit in May 1982, were well aware of 61 
hazards, 30 of them major and 11 in the dangerous phosgene/MIC 
units. Remedial measures were then taken at Union Carbide's 
identical MIC plant in West Virginia but not in Bhopal. In Bhopal, 
prior to the disaster, environmental safety concerns by private 
citizens were responded to by legal threats from the company and 
repressive managerial measures were employed against workers who 
raised occupational health concerns.


- Secret Union Carbide documents obtained by discovery during a 
class action suit brought by survivors against the company in New 
York, reveal that the technology used at the fatal Bhopal factory - 
including the crucial units manufacturing carbon monoxide and 
methyl isocyanate (MIC) - was unproven, and that the company knew 
it would pose unknown risks. The corporation knew the danger, but 
regarded it as an acceptable business risk.


- Senior Carbide officials, including ex-CEO Warren Anderson, not 
only knew about design defects and potential safety issues with the 
Bhopal factory, they actually authorised them.


- On the night of the disaster, water (that was being used for 
washing the lines) entered the tank containing MIC through leaking 
valves. The refrigeration unit, which should have kept the MIC 
close to zero degrees centigrade, had been shut off by the company 
officials to save on electricity bills. The entrance of water in 
the tank, full of MIC at ambient temperature triggered off an 
exothermic 

Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Ryan Hall



Invest in yourself. The rate of return is much higher.

Todd Swearingen


Wise words Todd.

Ryan

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Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Ken Provost







Invest in yourself. The rate of return is much higher.
Todd Swearingen







Indeed -- invest in a 100,000 gallon tank of safflower oil or
ethanol underground in the back forty, or maybe a warehouse
full of Mobil 1 motor oil:-)

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Re: [Biofuel] Pirates of the Corporation

2005-07-21 Thread Appal Energy

 Indeed -- invest in a 100,000 gallon tank of safflower oil or
 ethanol underground in the back forty, or maybe a warehouse
 full of Mobil 1 motor oil:-)

Make sure to nitrogen pack the former.




Ken Provost wrote:








Invest in yourself. The rate of return is much higher.
Todd Swearingen







Indeed -- invest in a 100,000 gallon tank of safflower oil or
ethanol underground in the back forty, or maybe a warehouse
full of Mobil 1 motor oil:-)

___
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Biofuel@sustainablelists.org
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Biofuel at Journey to Forever:
http://journeytoforever.org/biofuel.html

Search the combined Biofuel and Biofuels-biz list archives (50,000 
messages):

http://www.mail-archive.com/biofuel@sustainablelists.org/





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Re: [Biofuel] Pirates of the Corporation

2005-07-19 Thread Mike Weaver

How was the Bhopal case handled?

Keith Addison wrote:


http://www.motherjones.com/news/outfront/2005/07/ATCA.html

Pirates of the Corporation

News: Holding American companies responsible for high crimes committed 
overseas.


By Joshua Kurlantzick

July/August 2005 Issue

IN THE SPRING of 2003, Terry Collingsworth was holed up in a Bangkok 
hotel, meeting with a group of Burmese villagers. Terrified by horrors 
they'd witnessed in Burma, the villagers had contacted local human 
rights activists, who in turn had gone to Collingsworth, executive 
director of a small Washington nonprofit called the International 
Labor Rights Fund, for salvation. Now, almost 10 years later, over the 
course of days in the hotel, Collingsworth was still sifting through 
the tales of abuse. The group had claimed that the oil company Unocal 
had hired Burmese army troops to secure the construction of a pipeline 
through the country, and that the troops had forced people living near 
the pipeline into slave labor. One woman was allegedly shoved into a 
fire holding her baby. Collingsworth, a wiry, clean-cut lawyer who 
speaks in rat-a-tat phrases and travels incessantly to meet with 
clients all over the developing world, was affected by their stories 
but not intimidated. He himself had witnessed and survived many 
desperate situations, like the time two years earlier, while visiting 
potential clients in Aceh, Indonesia, he made it through 17 army 
checkpoints before driving right into a gunfight between rebels and 
the army.


Collingsworth had carried the stories of the Burmese villagers halfway 
around the globe and into the United States justice system. There he 
had applied to their assertions a peculiar and potentially powerful 
law, the Alien Tort Claims Act (ATCA). In 1789, Congress passed the 
statute-daring in scope for a young nation-that said violations of 
international law, the law of nations, could be heard by judges in 
the United States. Scholars speculate that the ATCA's intent was to 
protect American sailors from being press-ganged by foreign ships or 
to prevent pirates from finding safe haven in American waters. As 
those concerns waned, the law went dormant and stayed nearly forgotten 
for two centuries.


Then, in the late 1970s and early 1980s, lawyers began using the ATCA 
to sue foreign human rights abusers on behalf of not only Americans 
but also injured citizens of foreign countries with weak judiciaries-a 
radical notion in the age of Abu Ghraib. More recently, these 
attorneys have dared go after not just individuals but corporations, 
filing ATCA cases seeking to hold American companies responsible for 
abetting the worst crimes overseas-like torture, forced labor, and 
genocide.


So far, lawyers have filed more than two dozen such cases. One charges 
Coca-Cola with abetting the murder of trade unionists in Colombia; 
another alleges that a subsidiary of ChevronTexaco helped Nigerian 
soldiers who shot protesters in the oil-rich Niger Delta; another, 
filed by Collingsworth for clients in Aceh, charges ExxonMobil with 
providing infrastructure for a killer squad of the Indonesian 
military, even supplying the army with earthmovers to dig mass graves. 
Still another, filed by survivors of 9/11, claims that seven 
international banks abetted terrorism. And, in the boldest cases filed 
so far, Iraqis and Afghans allegedly tortured at U.S. prison camps 
have sued not only several military contractors but Defense Secretary 
Donald Rumsfeld as well.


No plaintiff has yet won an ATCA case against a company, but 
Collingsworth has persisted, pitting his small staff against the 
nation's white- shoe firms and weathering appeal after appeal. (At no 
point did I feel their 180 lawyers gave them an advantage, he says 
staunchly.) In December, he facilitated the first legal settlement 
under the ATCA by a multinational company-a payout by Unocal to the 
Burmese villagers. After the Supreme Court determined that the law 
could indeed be used against companies, Unocal agreed to pay the 
villagers a sum in the tens of millions.


Elliot Schrage, a former senior vice president at Gap who is now at 
the Council on Foreign Relations, believes this was a turning point. 
The Unocal settlement legitimates the idea that [ATCA] is a real 
business risk, he says. So serious a risk, in fact, that big business 
and the White House have gone on the offensive to undermine it.


Multinationals have grouped together to file briefs seeking to scuttle 
ATCA cases, and the National Foreign Trade Council, an organization of 
corporate giants, has been touting a study warning that ATCA suits 
could seriously damage the world economy. Another study cautions 
that the threat of ATCA suits could discourage companies from 
rebuilding countries like war-torn Iraq. Some companies have 
considered drafting legislation that could kill or seriously limit the 
ATCA-legislation that could be pushed through Congress with little 

Re: [Biofuel] Pirates of the Corporation

2005-07-19 Thread Keith Addison

Hello Mike


How was the Bhopal case handled?


It wasn't handled at all, it was grossly mishandled and is still 
being grossly mishandled. It's not a case, it's an atrocity. It's a 
whole bunch of atrocities.


From a previous message :

In a message dated 2/23/2004 7:30:44 AM Central Standard Time, 
[EMAIL PROTECTED] writes:
such as Union Carbide's metamorphosis into Dow Chemicals after its 
corporate terrorism in Bhopal (1984). As I understood it, there was 
terrorism, but not by Union Carbide. Someone sabotaged the plant. 
Can you clue us in on what really happened? Please? I'd really like 
to know what happened and how and who was at fault.


Damn... Sorry - same problem, a bulging file of info, 5.6Mb of it, 
129 documents, have to pare it down. Yeah, well, okay...


Bhopal was and still is today an appalling atrocity, still ongoing 
after 20 years, a major crime against humanity and something we all 
should know about. And be outraged about. So pardon my mumblings, 
I'm glad that you ask. You'll have to spend some time doing some 
research, but all the information is ready to hand, you just have to 
read it. The bald, bare facts are quite bad enough, but the full 
picture in all its sickening detail is far worse, and it's important 
to get the full picture. I hope your stomach is strong.


It's not at all what you think - the sabotage story is just a part 
of the considerable amount of disinfo and evasion generated by 
UC/Dow, and even were it true, what the saboteur is alleged to have 
done should not have had those results, it should have been 100% 
impossible. Instead, it was just waiting to happen, and the company 
knew it.


- Though the design of the methyl isocyanate (MIC) unit at Bhopal 
was based on Union Carbide's West Virginia plant, grossly lower 
standards were employed in the selection of construction material, 
monitoring devices and safety systems.


- Union Carbide wanted to save money. Accidental leaks from all the 
Bhopal units were frequent, and operators and workers were regularly 
exposed to different substances. The factory was running at a loss. 
In November 1984 the most important safety systems were either 
closed down or not functioning.


- Between 1980 and 1984 the work crew of the MIC unit was halved 
from 12 to six workers, the maintenance crew from six to two 
workers. On December 26, 1981 a plant operator was killed by a 
phosgene gas leak. Another phosgene leak in January 1982 severely 
injured 28 workers and in October the same year MIC escaped from a 
broken valve and four workers were exposed to the chemical. The 
senior officials of the corporation, privy to a business 
confidential safety audit in May 1982, were well aware of 61 
hazards, 30 of them major and 11 in the dangerous phosgene/MIC 
units. Remedial measures were then taken at Union Carbide's 
identical MIC plant in West Virginia but not in Bhopal. In Bhopal, 
prior to the disaster, environmental safety concerns by private 
citizens were responded to by legal threats from the company and 
repressive managerial measures were employed against workers who 
raised occupational health concerns.


- Secret Union Carbide documents obtained by discovery during a 
class action suit brought by survivors against the company in New 
York, reveal that the technology used at the fatal Bhopal factory - 
including the crucial units manufacturing carbon monoxide and methyl 
isocyanate (MIC) - was unproven, and that the company knew it would 
pose unknown risks. The corporation knew the danger, but regarded it 
as an acceptable business risk.


- Senior Carbide officials, including ex-CEO Warren Anderson, not 
only knew about design defects and potential safety issues with the 
Bhopal factory, they actually authorised them.


- On the night of the disaster, water (that was being used for 
washing the lines) entered the tank containing MIC through leaking 
valves. The refrigeration unit, which should have kept the MIC close 
to zero degrees centigrade, had been shut off by the company 
officials to save on electricity bills. The entrance of water in the 
tank, full of MIC at ambient temperature triggered off an exothermic 
runaway reaction an consequently the release of 27 tons of the 
lethal gas mixture. The safety systems, which in any case were not 
designed for such a runaway situation, were non-functioning and 
under repair. Lest the neighborhood community be unduly alarmed, 
the siren in the factory had been switched off. Poison clouds from 
the Union Carbide factory enveloped an arc of over 20 square 
kilometers before the residents could run away from its deadly hold.


- People woke up coughing, gasping for breath, their eyes burning. 
Many fell dead as they ran. Others succumbed at the hospitals where 
doctors were overwhelmed by the numbers and lacked information on 
the nature of the poisoning. By the third day of the disaster, an 
estimated 8,000 people had died from direct exposure to the gases 
and a 

[Biofuel] Pirates of the Corporation

2005-07-18 Thread Keith Addison

http://www.motherjones.com/news/outfront/2005/07/ATCA.html

Pirates of the Corporation

News: Holding American companies responsible for high crimes 
committed overseas.


By Joshua Kurlantzick

July/August 2005 Issue

IN THE SPRING of 2003, Terry Collingsworth was holed up in a Bangkok 
hotel, meeting with a group of Burmese villagers. Terrified by 
horrors they'd witnessed in Burma, the villagers had contacted local 
human rights activists, who in turn had gone to Collingsworth, 
executive director of a small Washington nonprofit called the 
International Labor Rights Fund, for salvation. Now, almost 10 years 
later, over the course of days in the hotel, Collingsworth was still 
sifting through the tales of abuse. The group had claimed that the 
oil company Unocal had hired Burmese army troops to secure the 
construction of a pipeline through the country, and that the troops 
had forced people living near the pipeline into slave labor. One 
woman was allegedly shoved into a fire holding her baby. 
Collingsworth, a wiry, clean-cut lawyer who speaks in rat-a-tat 
phrases and travels incessantly to meet with clients all over the 
developing world, was affected by their stories but not intimidated. 
He himself had witnessed and survived many desperate situations, like 
the time two years earlier, while visiting potential clients in Aceh, 
Indonesia, he made it through 17 army checkpoints before driving 
right into a gunfight between rebels and the army.


Collingsworth had carried the stories of the Burmese villagers 
halfway around the globe and into the United States justice system. 
There he had applied to their assertions a peculiar and potentially 
powerful law, the Alien Tort Claims Act (ATCA). In 1789, Congress 
passed the statute-daring in scope for a young nation-that said 
violations of international law, the law of nations, could be heard 
by judges in the United States. Scholars speculate that the ATCA's 
intent was to protect American sailors from being press-ganged by 
foreign ships or to prevent pirates from finding safe haven in 
American waters. As those concerns waned, the law went dormant and 
stayed nearly forgotten for two centuries.


Then, in the late 1970s and early 1980s, lawyers began using the ATCA 
to sue foreign human rights abusers on behalf of not only Americans 
but also injured citizens of foreign countries with weak 
judiciaries-a radical notion in the age of Abu Ghraib. More recently, 
these attorneys have dared go after not just individuals but 
corporations, filing ATCA cases seeking to hold American companies 
responsible for abetting the worst crimes overseas-like torture, 
forced labor, and genocide.


So far, lawyers have filed more than two dozen such cases. One 
charges Coca-Cola with abetting the murder of trade unionists in 
Colombia; another alleges that a subsidiary of ChevronTexaco helped 
Nigerian soldiers who shot protesters in the oil-rich Niger Delta; 
another, filed by Collingsworth for clients in Aceh, charges 
ExxonMobil with providing infrastructure for a killer squad of the 
Indonesian military, even supplying the army with earthmovers to dig 
mass graves. Still another, filed by survivors of 9/11, claims that 
seven international banks abetted terrorism. And, in the boldest 
cases filed so far, Iraqis and Afghans allegedly tortured at U.S. 
prison camps have sued not only several military contractors but 
Defense Secretary Donald Rumsfeld as well.


No plaintiff has yet won an ATCA case against a company, but 
Collingsworth has persisted, pitting his small staff against the 
nation's white- shoe firms and weathering appeal after appeal. (At 
no point did I feel their 180 lawyers gave them an advantage, he 
says staunchly.) In December, he facilitated the first legal 
settlement under the ATCA by a multinational company-a payout by 
Unocal to the Burmese villagers. After the Supreme Court determined 
that the law could indeed be used against companies, Unocal agreed to 
pay the villagers a sum in the tens of millions.


Elliot Schrage, a former senior vice president at Gap who is now at 
the Council on Foreign Relations, believes this was a turning point. 
The Unocal settlement legitimates the idea that [ATCA] is a real 
business risk, he says. So serious a risk, in fact, that big 
business and the White House have gone on the offensive to undermine 
it.


Multinationals have grouped together to file briefs seeking to 
scuttle ATCA cases, and the National Foreign Trade Council, an 
organization of corporate giants, has been touting a study warning 
that ATCA suits could seriously damage the world economy. Another 
study cautions that the threat of ATCA suits could discourage 
companies from rebuilding countries like war-torn Iraq. Some 
companies have considered drafting legislation that could kill or 
seriously limit the ATCA-legislation that could be pushed through 
Congress with little fanfare. Yet Collingsworth thinks there's still 
time to win