TITLE

Pursuing International Environmental Tort Claims Under the ATCA: Beanal v. Freeport-McMoRan

AUTHOR(S)
Wu, Jean
PUB. DATE
August 2001
SOURCE
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p487
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The Fifth Circuit Court of Appeals, in Beanal v. Freeport-McMoRan, affirmed the dismissal of a suit brought under the Alien Tort Claims Act (ATCA) by an Indonesian citizen against a U.S.-based transnational corporation for environmental violations in Indonesia. The court found that the allegations of international environmental torts were not cognizable torts under the ATCA, a statute which gives federal district courts jurisdiction over civil actions brought by aliens for torts committed in violation of the law of nations. This Note examines the potential importance of the A TCA in bringing suits against international environmental violations and suggests that under the current state of law, the approach most likely to succeed in such claims is to frame environmental damages as a human rights violation.
ACCESSION #
4850082

 

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