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2024 Supreme(US)(ca8) 126

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Sr. Kate Reid – Appellant
Versus
Doe Run Resources Corp. – Respondent



No. 23-1625 ___________________________

Sr. Kate Reid; Megan Heeney, as next friends of; A. O. A.; Meylith A. Caso Arroyo; Y. C. A.; A. C. C.; D. R. G.; J. R. G.; S. A. L.; Jean P. Quispe Morales; B. Q. M.

Plaintiffs - Appellees

v. The Doe Run Resources Corporation, a New York Corporation; D. R. Acquisition Corp., a Missouri Corporation; Marvin K. Kaiser; Albert Bruce Neil; Jeffrey L. Zelms; The Renco Group, Inc.; Ira L. Rennert; Doe Run Cayman Holdings LLC, a Missouri limited liability company

Defendants - Appellants

------------------------------

National Mining Association; Associated Industries of Missouri; Chamber of Commerce of the United States of America; Missouri Chamber of Commerce and Industry; State of Missouri

Amici on Behalf of Appellant(s)

Former U.S. Diplomats and Government Officials; William S. Dodge; Maggie Gardner

Amici on Behalf of Appellee(s) ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: January 9, 2024 Filed: August 1, 2024 ____________ Before BENTON, ERICKSON, and KOBES, Circuit Judges. ____________ ERICKSON, Circuit Judge.

This consolidated action comprises 40 cases and more than 1,420 individual plaintiffs who are Peruvian citizens alleging environmental injury by exposure to toxic substances from La Oroya Metallurgical Complex (“LOMC”), a smelting and refining complex in rural Peru. The defendants are United States-based entities consisting of Doe Run Resources Corporation, The Renco Group, Inc., and related companies and certain executives and directors at those companies (collectively “Doe Run”) that purchased LOMC in 1997. In this latest appeal, Doe Run argues the district court1 erred by denying its motion to dismiss the action based on the doctrine of international comity. We affirm. I. BACKGROUND

LOMC began operations in 1922 under the ownership of Cerro de Pasco Corporation in the remote village of La Oroya, which is located high in the Andes mountains of Peru. Using smelters and refineries, LOMC processed mined minerals into copper, lead, zinc, and other metals. In 1974, the government of Peru took control of LOMC and transferred the ownership and operations to a state-owned company, Centromin Peru S.A. Nearly two decades later, LOMC was offered for sale, and Doe Run emerged as a prospective buyer. Under Peruvian law, only a Peruvian company could purchase LOMC, so Doe Run created a Peru-based subsidiary, Doe Run Peru, and its direct parent company in Peru, Doe Run Mining.

1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. -2- On October 23, 1997, Doe Run purchased LOMC through a Stock Transfer Agreement executed by Doe Run Peru. At the time Doe Run acquired LOMC, the smelter and refinery operations were subject to an Environmental Remediation and Management Plan. LOMC operated continuously until it ceased operations in June 2009. Doe Run Peru initiated bankruptcy proceedings shortly thereafter.

In 2007, Sister Kate Reid and Megan Heeney filed several common law tort lawsuits in Missouri state court against Doe Run as next friends on behalf of the injured Peruvian citizens, who were children at the time of the alleged harm. Plaintiffs claim that Doe Run Peru failed to sufficiently

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