Appeals of court transfers
BP v. Mayor and City Council of Baltimore
In brief
The Supreme Court wiped out the Fourth Circuit’s ruling and sent the case back to that court (vacated and remanded), so it can review all the companies’ grounds for moving the case.
- Where it stands
- Decided
Decided 7-1 · May 17, 2021 · Opinion by Justice Gorsuch
- What it’s about
- Baltimore sued several energy companies in state court over the environmental harms of fossil fuels, and the companies tried to move the case to federal court on several grounds, including the federal-officer removal statute.
- Who it affects
- The decision lets the Fourth Circuit examine all of the companies’ reasons for moving the case to federal court, not just the federal-officer or civil-rights reasons.
Summary: written with AI from the case record.
What it's about
The Supreme Court considered how much of a remand order a federal court of appeals may review when removal was based in part on that statute.
The case is a procedural fight over when a lawsuit about fossil-fuel environmental harms can move from state court to federal court.
Question presented
Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court's order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil rights removal statute, 28 U.S.C. 1443.
What the Court decided
Holding
The Fourth Circuit erred in holding that it lacked jurisdiction to consider all of the defendants’ grounds for removal under §1447(d). 952 F. 3d 452, vacated and remanded.
- Result
- Vacated
The vote
From the opinions
“Civil defendants in state court may remove a case to federal district court by asserting one or more bases for federal jurisdiction.”
What's next
The Fourth Circuit will now examine the companies’ stated reasons for moving Baltimore’s case to federal court. The case’s final location and the environmental claims remain unresolved.
Why it matters
It leaves open where Baltimore’s lawsuit will proceed and whether its environmental claims will succeed.
Documents
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
Case data updated: status, opinion_date
Opinion added: opinion
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Brief added: Questions Presented
More questions
- What was the dispute in BP p.l.c. v. Baltimore?
- It concerned whether an appeals court could review all issues when a move to federal court relied partly on federal-officer or civil-rights laws.
- What did the Supreme Court do in BP p.l.c. v. Baltimore?
- It wiped out the Fourth Circuit’s ruling and sent the case back to that court (vacated and remanded). It said the Fourth Circuit could review all the companies’ stated grounds.
- Did the Court decide where Baltimore’s lawsuit belongs?
- No. It addressed the Fourth Circuit’s review power, not Baltimore’s environmental claims or where the lawsuit will proceed.
- What happens next in BP p.l.c. v. Baltimore?
- The Fourth Circuit will review all of the companies’ stated reasons for moving Baltimore’s case to federal court.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.