SEATTLE – The United States Supreme Court this week vacated the landmark en banc decision by the Ninth Circuit in the long-standing Alien Tort Statute litigation Sarei v. Rio Tinto PLC (No. 11-649). The case, originally filed in 2000, alleges that mining giant Rio Tinto was responsible for war crimes, crimes against humanity and genocide in connection with its mining operations on the island of Bougainville in Papua New Guinea.

This decision follows the Supreme Court’s ruling last week in Kiobel v. Royal Dutch Petroleum (No. 10-1491) which affirmed the dismissal of claims brought by Nigerian nationals under the Alien Tort Statute for human rights violations allegedly committed by the government of Nigeria with the aid of Royal Dutch.

The case, one of the oldest on the federal docket, claims that Rio Tinto’s mining operations on Bougainville destroyed the local environment, dumping massive amounts of toxic waste that poisoned residents and dispossessed them of ancestral lands. Following a popular uprising by residents and workers at the mine, protesting the damage and slave-like working conditions, Rio allegedly orchestrated a military blockade and assault on the island. The blockade, according to court documents, resulted in the deaths of an estimated 15,000 native Bougainvillians, including several thousand children.

“The Court’s decision is disappointing and a complete reversal of well-established precedent spanning several decades,” commented Steve Berman, lead counsel for plaintiffs in the Rio Tinto litigation.  “But the battle isn’t over.  We will continue to advance our case on behalf of our clients as we have for more than a decade.”

The case will now move back to the Ninth Circuit Court of Appeals, where it has already been argued four times. The Ninth Circuit will review the case in light of the Supreme Court’s Kiobel decision and has asked parties to submit briefing by the end of next month.

 “Like all civilized nations, the United States and its courts have long recognized the universal obligation to hold accountable those who commit the most deplorable human rights violations wherever they are committed,” notes Mr. Berman. “This was true before the Supreme Court decision and remains true today.” 

###

About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Contact
Ashley Klann
[email protected]
206-268-9363