Background
The City of Chicago sued fourteen energy companies in Illinois state court, alleging they misrepresented the effects of fossil fuel emissions on global warming. The defendants removed the case to federal court under the federal officer removal statute, citing their historical production of fuels for the federal government during wars and for the Strategic Petroleum Reserve. The district court remanded the case, and the Seventh Circuit affirmed.
The court’s reasoning
The court analyzed the federal officer removal statute, 28 U.S.C. Section 1442(a)(1), which requires a connection between the suit and the defendant’s federal duties. The court found that the defendants’ federal work, including World War II and Cold War production, was too attenuated from the alleged consumer misrepresentations occurring decades later. The court noted that the City of Chicago disclaimed injuries arising from the defendants’ federal work, and an injunction against the alleged false advertising would not interfere with the defendants’ federal operations.
What it means going forward
The ruling confirms that energy companies cannot rely on historical federal contracts to remove climate change deception lawsuits to federal court when the alleged misconduct involves consumer-facing advertising unrelated to those federal duties.