Human Rights Litigation Under the ATCA as a Proxy For Environmental Claims

Abstract

Suing corporations in U.S. courts for environmental harms abroad may\nsoon be possible under the Alien Tort Claims Act (ATCA). Mhile several\ncases have been brought alleging environmental torts under the ATCA,\nno case has yet yielded corporate liability. Until courts accept\nenvironmental principles as part of the "law of nations," and therefore\nactionable under the ATCA, plaintiffs should use remedies available for\nhuman rights claims as proxies for their environmental claims. Because\ncorporate international environmental law violations are frequently\nlinked to human rights abuses, well-established human rights causes of\naction should be used to usher in the emerging justiciability of\nenvironmental claims.