Plaquemines Parish v. BP America Production Company
May 22, 2026·23-30294·Per Curiam·By Raj Patel
The United States Court of Appeals for the Fifth Circuit remanded environmental litigation to the district court following a Supreme Court directive. The appellate court concluded that the energy companies plausibly alleged their case satisfied the federal officer removal statute.
This consolidated appeal involves environmental litigation brought by Plaquemines Parish and the State of Louisiana against multiple energy companies, including BP America Production Company and Chevron USA Incorporated. The cases originated in the United States District Court for the Eastern District of Louisiana.
The court’s reasoning
The court acted on remand from the Supreme Court of the United States. The Supreme Court vacated the judgment of this court, having concluded that the energy companies plausibly alleged their case satisfied the relating to requirement in the federal officer removal statute, 28 U.S.C. Section fourteen forty-two subsection A one.
What it means going forward
The litigation returns to the district court for further proceedings consistent with the Supreme Court’s ruling on federal officer removal.
