Kiobel v. Royal Dutch Petroleum Co.

185 L. Ed. 2d 671, 24 Fla. L. Weekly Fed. S 142, 569 U.S. 108, 133 S. Ct. 1659, 2013 WL 1628935, 2013 U.S. LEXIS 3159, 81 U.S.L.W. 4241, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20083
CourtSupreme Court of the United States
DecidedApril 17, 2013
Docket10–1491.
StatusPublished
Cited by424 cases

This text of 185 L. Ed. 2d 671 (Kiobel v. Royal Dutch Petroleum Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kiobel v. Royal Dutch Petroleum Co., 185 L. Ed. 2d 671, 24 Fla. L. Weekly Fed. S 142, 569 U.S. 108, 133 S. Ct. 1659, 2013 WL 1628935, 2013 U.S. LEXIS 3159, 81 U.S.L.W. 4241, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20083 (U.S. 2013).

Opinions

Chief Justice ROBERTS delivered the opinion of the Court.

*111Petitioners, a group of Nigerian nationals residing in the United States, filed suit in federal court against certain *112Dutch, British, and Nigerian corporations. Petitioners sued under the Alien Tort Statute, 28 U.S.C. § 1350, alleging that the corporations aided and abetted the Nigerian Government in committing violations of the law of nations in Nigeria. The question presented is whether and under what circumstances *113courts may recognize a cause of action under the Alien Tort Statute, for violations of the law of nations occurring within the territory of a sovereign other than the United States.

I

Petitioners were residents of Ogoniland, an area of 250 square miles located in the Niger delta area of Nigeria and populated by roughly half a million people. When the complaint was filed, respondents Royal Dutch Petroleum Company and Shell Transport and Trading Company, p.l.c., were holding companies incorporated in the Netherlands and England, respectively. Their joint subsidiary, respondent Shell Petroleum Development Company of Nigeria, Ltd. (SPDC), was incorporated in Nigeria, and engaged in oil exploration and production in Ogoniland. According to the complaint, after concerned residents of Ogoniland began protesting the environmental effects of SPDC's practices, respondents enlisted the Nigerian Government to violently suppress the burgeoning demonstrations. Throughout the early 1990's, the complaint alleges, Nigerian military and police forces attacked Ogoni villages, beating, raping, killing, and arresting residents and destroying or looting property. Petitioners further allege that respondents aided and abetted these atrocities by, among other things, providing the *1663Nigerian forces with food, transportation, and compensation, as well as by allowing the Nigerian military to use respondents' property as a staging ground for attacks.

Following the alleged atrocities, petitioners moved to the United States where they have been granted political asylum and now reside as legal residents. See Supp. Brief for Petitioners 3, and n. 2. They filed suit in the United States District Court for the Southern District of New York, alleging jurisdiction under the Alien Tort Statute and requesting relief under customary international law. The ATS provides, in full, that "[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed *114in violation of the law of nations or a treaty of the United States." 28 U.S.C. § 1350. According to petitioners, respondents violated the law of nations by aiding and abetting the Nigerian Government in committing (1) extrajudicial killings; (2) crimes against humanity; (3) torture and cruel treatment; (4) arbitrary arrest and detention; (5) violations of the rights to life, liberty, security, and association; (6) forced exile; and (7) property destruction. The District Court dismissed the first, fifth, sixth, and seventh claims, reasoning that the facts alleged to support those claims did not give rise to a violation of the law of nations. The court denied respondents' motion to dismiss with respect to the remaining claims, but certified its order for interlocutory appeal pursuant to § 1292(b).

The Second Circuit dismissed the entire complaint, reasoning that the law of nations does not recognize corporate liability. 621 F.3d 111 (2010). We granted certiorari to consider that question. 565 U.S. ----, 132 S.Ct. 472, 181 L.Ed.2d 292 (2011). After oral argument, we directed the parties to file supplemental briefs addressing an additional question: "Whether and under what circumstances the [ATS] allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States." 565 U.S. ----, 132 S.Ct. 1738, 182 L.Ed.2d 270 (2012). We heard oral argument again and now affirm the judgment below, based on our answer to the second question.

II

Passed as part of the Judiciary Act of 1789, the ATS was invoked twice in the late 18th century, but then only once more over the next 167 years. Act of Sept. 24, 1789, § 9, 1 Stat. 77; see Moxon v. The Fanny, 17 F. Cas. 942 (No. 9,895) (D.C.Pa.1793) ; Bolchos v. Darrel, 3 F. Cas. 810 (No. 1,607) (D.C.S.C.1795) ; O'Reilly de Camara v. Brooke, 209 U.S. 45, 28 S.Ct. 439, 52 L.Ed. 676 (1908) ; Khedivial Line, S.A.E. v. Seafarers' Int'l Union, 278 F.2d 49, 51-52 (C.A.2 1960) (per curiam ). The statute *115provides district courts with jurisdiction to hear certain claims, but does not expressly provide any causes of action. We held in Sosa v. Alvarez-Machain, 542 U.S. 692, 714, 124 S.Ct. 2739,

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185 L. Ed. 2d 671, 24 Fla. L. Weekly Fed. S 142, 569 U.S. 108, 133 S. Ct. 1659, 2013 WL 1628935, 2013 U.S. LEXIS 3159, 81 U.S.L.W. 4241, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiobel-v-royal-dutch-petroleum-co-scotus-2013.