By Lawrence Hurley
WASHINGTON, Dec 15 (Reuters) - A U.S. federal appeals courton Monday threw out a human rights lawsuit brought againstOccidental Petroleum Corp over allegations that it playeda role in killings carried out by the Colombian military in2004.
A three-judge panel of the San Francisco-based 9th U.S.Circuit Court of Appeals upheld a district court judge'sdecision to dismiss the lawsuit filed in California by familymembers of three labor union leaders killed by the 18th Brigadeof the Colombian National Army during the incident.
The plaintiffs claimed that Houston-based Occidental, whichoperates a pipeline near the Venezuelan border, provided fundingto the brigade, making it liable for the actions of the soldiersunder a U.S. federal law called the Alien Tort Statute as wellas California state law.
Occidental's Colombian subsidiary and Ecopetrol, Colombia'sstate-owned oil company, jointly gave assistance worth $6.3million to help with security at a time when guerillas wereattacking the pipeline, according to the ruling.
Colombian government officials said at the time the peoplekilled were guerilla members who had attacked soldiers. Thefamily members who sued for monetary damages said the unionmembers were killed in part because they had been critical ofthe environmental impact of the oil industry.
In an unsigned opinion, the appeals court said U.S. courtscould not hear the case because it was an inherently politicalquestion. The court noted that the U.S. government had itselfprovided $99 million worth of training and equipment to the 18thBrigade.
In November, the same appeals court ruled for Occidental ina similar case, also concerning the company's activities inColombia.
The ruling is the latest in a series of victories forcorporations seeking to fend off human rights lawsuits followinga U.S. Supreme Court ruling in April 2013 in favor of RoyalDutch Shell.
In that case, the justices limited the circumstances underwhich companies can be sued for human rights violations underthe Alien Tort Statute.
The case decided on Monday is Saldana v. OccidentalPetroleum Corp, 9th U.S. Circuit Court of Appeals, No.12-55484. (Reporting by Lawrence Hurley; Editing by Will Dunham)
