ELR Citation: 53 ELR 20009
No(s). 22-40124 (5th Cir. Jan 6, 2023)

The Fifth Circuit affirmed a district court's remand to state court of a lawsuit concerning dredging operations in a ship channel near Corpus Christi. The port authority sued a dredging company in state court, alleging that the company's operations resulted in physical trespass and encroachments on its submerged land. The company removed the suit to federal court. The district court remanded, holding there was no basis for removal under either the federal officer removal statute or federal question jurisdiction. The appellate court agreed, finding that acting consistently with a federal permit that authorized and set conditions for making improvements to berths for barges at a private oil terminal was not carrying out a federal officer's tasks or duties, and that the port authority did not raise a federal issue under any of the theories suggested by the company. It affirmed the district court's remand.