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Beanal v. Freeport-McMoran, Inc.

United States Court of Appeals for the Fifth Circuit
197 F.3d 161 (1999)


Tom Beanal, a citizen of Indonesia (plaintiff), filed suit in federal court against Freeport-McMoran, Inc. and Freeport-McMoran Copper & Gold, Inc. (Freeport) (defendant), Delaware corporations that owned and operated an open pit copper, gold, and silver mine in Beanal’s hometown of Timika, for violations of international law under the Alien Tort Statute, 28 U.S.C. § 1350. Specifically, Beanal alleged Freeport’s mining activities in and around Timika resulted in significant pollution in rivers and altered the land so as to increase the likelihood of flooding in Timika. Freeport moved to dismiss Beanal’s claims pursuant to Fed. R. Civ. Proc. 12(b)(6). The district court dismissed the complaint without prejudice. Beanal appealed.

Rule of Law

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Holding and Reasoning (Stewart, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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