Plaquemines Parish v. BP America Production Company
May 22, 2026·23-30422·Per Curiam·By Raj Patel
The United States Court of Appeals for the Fifth Circuit remanded consolidated environmental litigation to the district court following a Supreme Court directive. The appellate court concluded that the energy companies plausibly alleged their actions related to federal duties under the federal officer removal statute.
This consolidated appeal involves environmental litigation brought by Louisiana parishes and state officials against major energy companies. The cases originated in the United States District Court for the Eastern District of Louisiana. The energy companies sought removal to federal court, asserting they were acting under the direction of a federal officer.
The court’s reasoning
The court acted on remand from the Supreme Court of the United States. The Supreme Court previously vacated the Fifth Circuit’s judgment, concluding that the defendant Chevron plausibly alleged its case satisfied the relating to requirement in the federal officer removal statute. The Fifth Circuit now remands the cases to the respective district courts for proceedings consistent with the Supreme Court’s opinion.
What it means going forward
The litigation returns to the federal district court to proceed under the guidance that the federal officer removal statute may apply to the energy companies’ conduct.
