Plaquemines Parish v. Chevron USA

ELR Citation: 52 ELR 20116
No(s). 22-30055 (5th Cir. Oct 17, 2022)

The Fifth Circuit affirmed a district court's order remanding back to state court a lawsuit brought against oil companies concerning their operations during World War II. Louisiana parishes initially filed suit in state court, arguing the companies had violated Louisiana's State and Local Coastal Resources Management Act. The companies removed the suit to federal court on federal officer removal grounds, and the parishes moved to remand. The district court granted the motion, finding no federal contract or subcontract in the record, refusing to infer the existence of any subcontracts based on the companies' buyer-supplier relationships with government-contracted refineries, and rejecting the argument that the companies had a "special relationship" with the federal government and were thus subject to federal-officer direction during the war. The appellate court found no reversible error by the district court, and affirmed the motion to remand.

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