Christopher S. Rugaber, Washington – The Supreme Court on Tuesday asked the Bush administration for its view on a lawsuit against Exxon Mobil Corp. that alleges human rights abuses were committed at its natural gas facility in Indonesia.
The justices have not yet decided whether to take the case, but instead asked the US Solicitor General – the government's lawyer – to offer its opinion on whether the court should rule in the dispute.
The case has implications for other multinational corporations because Exxon Mobil is seeking to make it easier for companies to fight suits involving alleged abuses overseas.
The lawsuit was initiated in 2001 by a human rights group, International Rights Advocates, on behalf of 11 Indonesian villagers in the Aceh province, alleging that members of the Indonesian military committed rampant human rights abuses while under Exxon's employ to guard a natural gas facility.
The Indonesian troops allegedly committed "murder, torture, sexual assault, battery, false imprisonment" and other abuses and used Exxon's facilities to do so, the human rights group said in court papers.
Lawyers for Exxon argued in a lower federal court that the case should be dismissed because it involves issues of international relations that should be left to the executive branch.
But the US District Court for the District of Columbia allowed parts of the suit to proceed, and an appeals court refused to consider Exxon's appeal.
The Justice Department's solicitor general, the administration's lawyer, can recommend that the court accept or reject the company's appeal. The Solicitor General's opinion usually includes input from agencies with expertise relevant to the case.
The State Department expressed concern in 2002 that the litigation could harm US foreign policy and security interests by making it harder to work with the Indonesian government on issues such as terrorism.
But Agnieszka M. Fryszman, lead attorney for the Indonesian villagers, said that the department hasn't expressed such concerns since the district court judge limited the scope of the lawsuit in 2005.
Exxon urged the justices to take the case due to a "recent surge of litigation" alleging wrongdoing by foreign governments and multinational corporations.
The company cited lawsuits against Chevron Corp. for abuses committed by Nigeria's military and against Yahoo Inc. for its alleged complicity in human rights abuses by China's government.
Due to fears for their safety, the Acehnese plaintiffs in the suit against Irving, Texas-based Exxon Mobil are all named as John or Jane Does.
In a separate case involving Exxon Mobil, the court agreed last month to decide whether the company should pay $2.5 billion in punitive damages in connection with the huge 1989 Exxon Valdez oil spill.
The human rights case is Exxon Mobil Corp. v. John Doe, 07-81. Justice Samuel Alito recused himself from the decision. While he did not specify a reason, Alito's 2006 financial disclsoure form shows that he owned Exxon Mobil stock.