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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-1189
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | May 17, 2021
Petition
brief | Mar 31, 2020
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026