BP P.L.C. v. Mayor and City Council of Baltimore
U.S. Supreme Court · decided May 17, 2021 · Supreme Court Database (Spaeth)
- Decided
- May 17, 2021
- Term
- October Term 2020
- Vote
- 7–1
- Majority author
- Justice Gorsuch
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus BP P. L. C. ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19–1189. Argued January 19, 2021—Decided May 17, 2021 Baltimore’s Mayor and City Council (collectively City) sued various en- ergy companies in Maryland state court alleging that the companies concealed the environmental impacts of the fossil fuels they promoted. The defendant companies removed the case to federal court invoking a number of grounds for federal jurisdiction, including the federal officer removal statute, 28 U. S. C. §1442 . The City argued that none of the defendants’ various grounds for removal justified retaining federal ju- risdiction, and the district court agreed, issuing an order remanding the case back to state court. Although an order remanding a case to state court is ordinarily unreviewable on appeal, Congress has deter- mined that appellate review is available for those…
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