No. 22-715

Chevron USA, Inc., et al. v. Plaquemines Parish, Louisiana, et al.

Lower Court: Fifth Circuit
Docketed: 2023-02-01
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: administrative-law civil-procedure federal-officer-removal federal-preemption national-emergency oil-production statutory-interpretation war-powers wwii
Latest Conference: 2023-02-24
Question Presented (from Petition)

1. Whether a private entity is "acting under" a federal officer for purposes of removal under 28 U.S.C. § 1442 when federal officials, through orders and regulations, direct the entity's production of a product the government requires to respond to a national emergency.

2. Whether, in assessing federal-officer removal under 28 U.S.C. § 1442, both the district court and the court of appeals must accept as true all facts alleged by the removing party and draw all reasonable inferences in its favor.

Question Presented (AI Summary)

Whether a private entity is 'acting under' a federal officer for purposes of removal under 28 U.S.C. § 1442 when federal officials, through orders and regulations, direct the entity' production of a product the government requires to respond to a national emergency

Docket Entries

2023-02-27
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-02-21
Brief amici curiae of American Petroleum Institute, et al. filed. (Distributed)
2023-02-14
Brief amici curiae of General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen filed. (Distributed)
2023-02-13
Letter of February 9, 2023 from counsel for petitioners received. (Distributed)
2023-02-09
Waiver of right of respondent State of Louisiana, Attorney General Jeff Landry to respond filed.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-07
Waiver of right of respondent Plaquemines Parish, et al. to respond filed.
2023-01-30

Attorneys

American Petroleum Institute and American Fuel & Petrochemical Manufacturers
Jason T. MorganStoel Rives LLP, Amicus
Chevron USA, Inc., et al.
Peter D. KeislerSidley Austin LLP, Petitioner
General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen
Tristan L. DuncanShook, Hardy & Bacon, Amicus
Plaquemines Parish, et al.
Victor L. MarcelloTalbot, Carmouche & Marcello, Respondent
State of Louisiana, Attorney General Jeff Landry
Ryan Michael SeidemannLouisianna Department of Justice, Respondent