Friday, March 6, 2020

Fourth Circuit panel rejects federal officer removal in Baltimore's climate-change suit

Today the Fourth Circuit issued a unanimous panel decision in Mayor and City Council of Baltimore v. BP P.L.C. Judge Floyd’s opinion begins:

This appeal is about whether a climate-change lawsuit against oil and gas companies belongs in federal court. But this decision is only about whether one path to federal court lies open. Because 28 U.S.C. § 1447(d) confines our appellate jurisdiction, the narrow question before us is whether removal of this lawsuit is proper under 28 U.S.C. § 1442, commonly referred to as the federal officer removal statute. And because we conclude that § 1442 does not provide a proper basis for removal, we affirm the district court’s remand order.

Here is the full opinion:

Download Baltimore v BP (4th Cir)

Federal Courts, Recent Decisions, Subject Matter Jurisdiction | Permalink


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