ELR Citation: ELR 20010
No(s). 04-5878 (2d Cir. Jan 11, 2006)

The court vacates and remands to state court a district court's remand of a removed case asserting environmental claims. Individuals filed suit in state court against a local authority concerning improvements to a bridge. The state court removed the case to federal district court, and the district court then remanded the case to the state court for failure to comply with a local court rule. The remand order, which was appealable, was erroneously issued. Further, the district court's subject matter jurisdiction was properly invoked. The remand order, therefore, was vacated, and the case was remanded to the district court for further proceedings.