Sarei, et al. v. Rio Tinto

Case Updates

The Ninth Circuit held that the Alien Tort Statute (ATS) provides jurisdiction to hold corporations liable for aiding and abetting alleged international human rights violations. The decision deepens the split among the circuits regarding aiding and abetting liability under the ATS, and comes on the heels of the Supreme Court’s recent decision to grant certiorari in Kiobel v. Royal Dutch Shell on the question of whether corporations may be liable under the ATS.

NCLC urged the Ninth Circuit to reject corporate aiding and abetting liability under the Alien Tort Statute. Residents of a Papua New Guinea island raised ATS claims against Rio Tinto for alleged human rights violations, racial discrimination, and environmental damage. In its brief, NCLC argued that there is no norm in international law that supports this case. NCLC warned that, if upheld, this case will contravene the foreign policy adopted by the U.S. Congress.