Suing corporations in U.S. courts for environmental harms abroad may
soon be possible under the Alien Tort Claims Act (ATCA). Mhile several
cases have been brought alleging environmental torts under the ATCA,
no case has yet yielded corporate liability. Until courts accept
environmental principles as part of the "law of nations," and therefore
actionable under the ATCA, plaintiffs should use remedies available for
human rights claims as proxies for their environmental claims. Because
corporate international environmental law violations are frequently
linked to human rights abuses, well-established human rights causes of
action should be used to usher in the emerging justiciability of
Bridgeman, Natalie L.
"Human Rights Litigation Under the ATCA as a Proxy For Environmental Claims,"
Yale Human Rights and Development Journal:
1, Article 1.
Available at: http://digitalcommons.law.yale.edu/yhrdlj/vol6/iss1/1