ELR Citation: 43 ELR 20083
No(s). 10-1491 (U.S. Apr 17, 2013)

The U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS). The case arose after a group of Nigerian nationals residing in the United States filed suit in federal court against certain Dutch, British, and Nigerian oil corporations under the ATS. Their complaint alleged that the corporations aided and abetted the Nigerian government in committing violations of the law of nations in Nigeria after concerned residents began protesting the environmental effects of a subsidiary corporation's practices. But nothing in the ATS's text evinces a clear indication of extraterritorial reach, and nothing in the statute rebuts the presumption against extraterritoriality. Here, all the relevant conduct took place outside the United States. Even where the claims touch and concern the territory of the United States, they fail to do so with sufficient force to displace the presumption against extraterritorial application. Corporations are often present in many countries, and mere corporate presence does not suffice. If Congress were to determine otherwise, a statute more specific than the ATS would be required. Roberts, C.J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a concurring opinion, in which Thomas, J., joined. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.