Appeals Court Says Mine Claims Can Be Heard In U.S.

Law360, New York (April 13, 2007, 12:00 AM EDT) -- A federal appeals court has reversed and remanded the dismissal of a lawsuit in which residents of Papua New Guinea accused the Rio Tinto mining company of racial discrimination and environmental devastation.

On Thursday, the majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit said the claims could be tried in the U.S.

“We hold that the district court erred in dismissing all of the plaintiffs' claims as presenting nonjusticiable political questions, and in dismissing the plaintiffs' racial discrimination claim...
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