In the most recent case stemming from the 1984 chemical plant leak in Bhopal, India, the U.S. Court of Appeals for the Second Circuit further clarified the circumstances in which an entity other than the owner or operator of a site may be liable at common law for a chemical release at that site...Plaintiffs claimed property damage from leaks from a waste storage facility at the Union Carbide India Limited (“UCIL”) plant in Bhopal, and sued Union Carbide Corporation (“UCC”), a majority stockholder in UCIL, for nuisance, trespass, strict liability, and negligence...The Second Circuit held that proving UCC’s conduct was a “substantial factor” contributing to an injury would require showing UCC had the requisite “knowledge” of the risk and “substantial certainty” of ultimate injury. The Court...found that “no reasonable juror could find that UCC participated in the creation of the injury on any theory of liability.”