ELR Citation: 51 ELR 20152
No(s). 19-30492 (5th Cir. Aug 5, 2021)

The Fifth Circuit affirmed in part and reversed in part district court rulings in a collection of lawsuits concerning oil companies' decades of drilling activities along the Louisiana coast. Six Louisiana parishes filed suit in state court, arguing the companies violated the Louisiana State and Local Coastal Resources Management Act by failing to obtain necessary coastal use permits or by violating the terms of the permits they did obtain, and that the grandfather clause did not apply to activities predating the Act because those activities were not "lawfully commenced or established" before the Act went into effect. The companies sought to remove the suits to federal court, arguing a report the parishes filed on request of the state court detailing alleged violations predating the Act proved federal jurisdiction. The parishes moved to remand, and two district courts granted the motions, finding that neither federal officer nor federal question jurisdiction existed. The appellate court agreed that federal question jurisdiction did not exist, but found that the companies' attempt to remove based on federal officer jurisdiction was timely because neither the parishes' original petitions nor any "other papers" revealed that the companies could remove based on federal jurisdiction. It therefore affirmed in part, reversed in part, and remanded to the district courts to consider whether federal officer jurisdiction exists.