ELR Citation: 52 ELR 20049
No(s). 18-15499, 18-15502, 18-15503, and 18-16376 (9th Cir. Apr 19, 2022)

The Ninth Circuit again affirmed a district court order that remanded to state court several California counties' and cities' lawsuit against oil and gas companies alleging state law claims arising from global warming. The district court concluded that none of the companies' grounds for removal—federal question, federal enclave, federal officer, bankruptcy, and admiralty—were warranted, and remanded back to state court. The appellate court had affirmed the district court's determination that there was no jurisdiction under the federal officer removal statute, and dismissed the rest of the companies' appeal for lack of jurisdiction. The U.S. Supreme Court vacated the appellate court's judgment, and remanded in light of its ruling in BP P.L.C. v. Mayor & City Council of Baltimore, which held that a federal appeals court is permitted to review a federal judge's entire remand order. The appellate court then considered all of the companies' bases for removal, but rejected their interpretations of removal jurisdiction and adhered to the long-standing principle that federal courts should narrowly limit their reach to protect the jurisdiction of state courts. It affirmed the district court's remand order.