Supreme Court Narrows ATS in Kiobel, Bars Foreign-Conduct Suits

The Supreme Court ruled 9-0 on April 17, 2013, in Kiobel v. Royal Dutch Petroleum that the Alien Tort Statute carries a presumption against extraterritorial application — meaning suits cannot be brought in U.S. courts for human rights violations occurring entirely on foreign soil. Nigerian plaintiffs had sued Shell for aiding the Nigerian military's suppression of the Ogoni people. Chief Justice Roberts wrote for the majority; Justices Alito and Breyer wrote separately on how strong the extraterritoriality bar should be.