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No. 19-1189October Term 2019Decided May 17, 2021

Docket 19-1189October Term 2019 (2019–2020)

BP p.l.c. v. Mayor and City Council of Baltimore

The key question is whether citing one special ground for removal opens the door to broader appellate review of a case sent back to state court.

Case status

Current stage
Decided
Latest event
Decision released May 17, 2021
Case Accepted
Arguments
Decision ReleasedMay 17, 2021
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. 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.

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.

Case path

United States Court of Appeals for the Fourth Circuit / Decision released May 17, 2021

Area

Immigration, Civil Rights

Briefing

What it's about

Baltimore sued several energy companies in state court over environmental harms tied to fossil fuels, and the companies tried to move the case to federal court on several grounds. The Supreme Court is being asked how much of a remand order (an order sending a case back to state court) a federal appeals court may review when removal was based in part on the federal-officer or civil-rights removal statutes.

Vote

The case is still pending, and no oral argument is scheduled yet. The core dispute is whether an appeals court may review the whole remand order or only the parts tied to the federal-officer or civil-rights removal grounds.

Impact

The answer could affect where major climate lawsuits are fought and how long they stay tied up in court fights over forum. For example, cities suing energy companies could face longer federal appeals if broader review is allowed.

What's next

Watch for the Court to schedule oral argument or make another calendar move. No decision window is available yet.

What is the main legal fight in BP p.l.c. v. Mayor and City Council of Baltimore?

The Court is weighing how much of a remand order an appeals court may review. The issue arises when removal relied partly on federal-officer or civil-rights statutes.

Why could this case matter beyond Baltimore's lawsuit?

It could shape where similar climate cases are heard and how long forum fights last. That can affect cities, states, and energy companies nationwide.

What should court watchers look for next in this case?

The next major step is oral argument being scheduled. Until then, the main signal will be any scheduling move from the Court.

Decision

Decision record

What the Court decided

The key question is whether citing one special ground for removal opens the door to broader appellate review of a case sent back to state court.

Impact

The answer could affect where major climate lawsuits are fought and how long they stay tied up in court fights over forum. For example, cities suing energy companies could face longer federal appeals if broader review is allowed.

Not official Court text.

Opinion documents

Timing

Decided May 17, 2021

The Court released its decision on May 17, 2021 without hearing oral argument.