From tapol@gn.apc.org Sun Feb 23 16:12:19 1997
Date: 23 Feb 1997 16:43:13
Reply-To: Conference "reg.westpapua" reg.westpapua@conf.gn.apc.org
From: rmb@intersurf.com (currently regan@tlxnet.net)
Subject: freeport litigation
To: Recipients of conference reg.westpapua@conf.gn.apc.org

From: rmb@intersurf.com (martin e. regan) (currently regan@tlxnet.net)

THIS REPORT IS TO ADVISE ALL CONCERNED THAT WE HAVE EXPERIENCED OUR FIRST SET BACK, WHICH WE BELIEVE TO BE TEMPORARY, AFTER ALMOST ONE YEAR OF LITIGATION AGAINST FREEPORT. COUNSEL FOR YOSEFA ALOMANG REPORTS THAT ON FEBRUARY 21, 1997 STATE COURT JUDGE MICHAEL BAGNERIS IN ORLEANS PARISH, NEW ORLEANS, LA RULED THAT HIS COURT DID NOT HAVE SUBJECT MATTER JURISDICTION TO HEAR THE CLAIMS OF YOSEFA ALOMANG AGAINST FREEPORT MCMORAN, INC. AND FREEPORT MCMRAN COPPER & GOLD, INC. THE JUDGE DID NOT ADDRESS THE MERITS OF THE CLAIMS AGAINST FREEPORT.

COUNSEL FOR YOSEFA ALOMANG, MARTIN E. REGAN, JR. COMMENTED AFTER THE JUDGE'S RULING:
"AFTER A CAREFUL REVIEW OF THE LAW AND THE FACTS, WE DISAGREE WITH JUDGE BAGNERIS' CONCLUSION THAT FREEPORT'S TORTIOUS CONDUCT WAS LIMITED EXCLUSIVELY TO ACTIONS IN INDONESIA. YOSEFA ALOMANG'S PETITION CLEARLY ALLEGED THAT THE WRONGFUL ACTS OF FREEPORT NOT ONLY ORIGINATED AT ITS CORPORATE HEADQUARTERS IN NEW ORLEANS, LA, BUT FREEPORT'S DECISIONS WERE IMPLEMENTED, DIRECTED AND MANAGED FROM ITS HEADQUARTERS IN NEW ORLEANS. ON BEHALF OF YOSEFA ALOMANG WE WILL IMMEDIATELY FILE AN APPEAL TO HAVE THIS MATTER REVIEWED BY THREE JUDGES AT THE FOURTH CIRCUIT COURT OF APPEALS AND, ONLY IF NECESSARY, THEREAFTER AT THE SUPREME COURT OF LOUISIANA. WE REMAIN CONFIDENT THAT THE BRAVE INDIGENOUS PEOPLE OF Irian Jaya (West Papua) WILL BE ALLOWED TO PRESENT THEIR CLAIMS TO JURY IN NEW ORLEANS, LA AFTER A HIGHER COURT CAREFULLY ANALYZES THE ISSUES AND REVIEWS THE JUDGE'S RULING.

THE STATE COURT'S RULING HAS NO LEGAL EFFECT ON TOM BEANAL'S SUIT AGAINST FREEPORT, WHICH REMAINS PENDING IN THE UNITED STATES DISTRICT COURT IN NEW ORLEANS. BEANAL'S CLAIMS ARE PREMISED UPON FEDERAL LAW AND INTERNATIONAL ENVIRONMENTAL LAW.