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Rodolfo Ullonoa Flores, Luisa Torres Cheequiezol, on Behalf of Veronica Velazco Torres, Maxima Quispe Canargo, on Behalf of William Angelo Caronado, Elena Casilla, on Behalf of Henry Anderson Casilla David Bacangel Aguilar Juana Jaillita Manani Able Valdivia Acevedo and Mario Herrera, for the Estate of Mario Vitaliano Herrera Salinas v. Southern Peru Copper Corporation

Citations: 414 F.3d 233; 2003 U.S. App. LEXIS 18098Docket: 02-9008

Court: Court of Appeals for the Second Circuit; August 29, 2003; Federal Appellate Court

Narrative Opinion Summary

The case involves plaintiffs from Ilo, Peru, who filed personal injury claims against Southern Peru Copper Corporation (SPCC) under the Alien Tort Claims Act (ATCA). They alleged that pollution from SPCC's operations caused severe lung diseases, violating their customary international law rights to life, health, and sustainable development. The U.S. District Court for the Southern District of New York dismissed the claims, determining that the plaintiffs failed to establish subject matter jurisdiction under the ATCA. It held that the alleged rights were not recognized as customary international law, referencing precedents that require clear and specific international norms. The court also noted that even if a violation were adequately stated, dismissal was warranted on forum non conveniens grounds, as Peru provided an adequate alternative forum. The court further rejected the plaintiffs' proposal to differentiate ordinary torts from those violating international law based on egregiousness, emphasizing the need for universally accepted norms. Consequently, the plaintiffs' claims were dismissed for lack of subject matter jurisdiction and failure to state a claim under the ATCA, with the appellate court affirming the District Court's decision.

Legal Issues Addressed

Customary International Law and Environmental Torts

Application: The court concluded that the alleged rights to life and health due to environmental pollution were not sufficiently definite to be considered customary international law.

Reasoning: In evaluating the plaintiffs' claims, it was determined that the 'right to life' and 'right to health' do not meet the required definiteness to be classified as rules of customary international law.

Dismissal for Failure to State a Claim under the ATCA

Application: The court dismissed the claims for failing to state a claim under the ATCA, as the plaintiffs did not demonstrate a violation of either a U.S. treaty or universally recognized norms.

Reasoning: Ultimately, the District Court dismissed the claims for lack of subject matter jurisdiction and failure to state a claim under the ATCA.

Evidence of Customary International Law

Application: The court found the plaintiffs' evidence, including international declarations and treaties, insufficient to demonstrate a violation of customary international law.

Reasoning: The plaintiffs cite various treaties, conventions, and covenants...However, these statements are deemed abstract and lacking clear standards or regulations, making them insufficient for establishing legal rights.

Forum Non Conveniens Doctrine

Application: The court found that even if the plaintiffs had alleged a violation, Peru provided an adequate alternative forum, and public and private interest factors favored dismissal on forum non conveniens grounds.

Reasoning: Additionally, the court noted that even if a violation was alleged, dismissal was warranted on forum non conveniens grounds, as Peru provided an adequate alternative forum and relevant public and private interest factors favored it.

Subject Matter Jurisdiction under the Alien Tort Claims Act (ATCA)

Application: The court ruled that the plaintiffs did not establish subject matter jurisdiction under the ATCA, as they failed to allege a violation of customary international law.

Reasoning: The U.S. District Court for the Southern District of New York dismissed the claims, ruling that plaintiffs did not establish subject matter jurisdiction or adequately allege a violation of customary international law concerning environmental pollution.