Mindyard | On 7th May 2020, a major leakage of Styrene gas was reported from the plastics-manufacturing plant 'LG Polymers' located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a 'hazardous chemical' under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989. Principle 1: Polluter Pays Principle The 'Doctrine of Polluter Pays' is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment. Principle 2: Principle of Strict Liability The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an 'unnatural manner' and who keeps any 'hazardous substance' on such premises would be held liable under the principle of strict liability for any 'damage' occurred on the 'escape' of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority. Principle 3: Principle of Absolute Liability The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can't use exceptions provided in the case of strict liability. The enterprise can't claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions. The argument of LG Polymers that, they did not know that the Styrene Gas could leak: is a strong argument and can reduce their liability under the Polluter Pays Principle., is a strong argument and can reduce their liability under the Strict Liability Principle., is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles., is a weak argument but may help in reducing their liability under the Strict Liability Principle.

On 7th May 2020, a major leakage of Styrene gas was reported from the plastics-manufacturing plant 'LG Polymers' located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a 'hazardous chemical' under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989.

Principle 1: Polluter Pays Principle
The 'Doctrine of Polluter Pays' is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment.

Principle 2: Principle of Strict Liability
The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an 'unnatural manner' and who keeps any 'hazardous substance' on such premises would be held liable under the principle of strict liability for any 'damage' occurred on the 'escape' of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority.

Principle 3: Principle of Absolute Liability
The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can't use exceptions provided in the case of strict liability. The enterprise can't claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.

The argument of LG Polymers that, they did not know that the Styrene Gas could leak:

Options

is a strong argument and can reduce their liability under the Polluter Pays Principle.

is a strong argument and can reduce their liability under the Strict Liability Principle.

is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.

is a weak argument but may help in reducing their liability under the Strict Liability Principle.

Correct Answer :

Option C

is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.

Solution :

Correct Answer: is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.

Detailed Explanation:

Let's analyze the legal principles provided in the text and evaluate the argument made by LG Polymers:

1. Polluter Pays Principle: This principle dictates that the party responsible for damaging or polluting the environment must bear the costs of compensating individual sufferers and restoring the damaged environment. Lack of knowledge about a potential leak does not exempt a polluter from the obligation to pay for the damage caused.

2. Principle of Strict Liability: Under this rule, a person storing hazardous substances for non-natural land use is liable for any harm caused upon escape. While strict liability has specific exceptions (such as an Act of God, act of a stranger, or consent of the injured party), "lack of knowledge or foreseeability of the leak" is not a valid defense or exception under this rule.

3. Principle of Absolute Liability: Applied to enterprises engaged in hazardous or inherently dangerous activities, this rule imposes a strict, non-delegable duty with no exceptions. An enterprise cannot escape or reduce liability by claiming a lack of negligence, ignorance, or that reasonable precautions were taken.

Conclusion:

LG Polymers' argument that they were unaware that Styrene Gas could leak does not fall under any recognized defense in Polluter Pays, Strict Liability, or Absolute Liability principles. Therefore, it is a weak argument and will not help in reducing the liability of LG Polymers under any of the principles.

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