U.S. Supreme Court,
Environmental & Energy,
Civil Litigation
Jun. 25, 2021
Climate change litigation helps clarify federal removal statutes
In the future, plaintiffs should expect to see defendants add federal-officer or civil-rights removal grounds to their notices of removal, to ensure appellate review if their cases are remanded to state court.
Generally, a district court's order remanding a removed action to state court for lack of subject-matter jurisdiction is not appealable. Section 1447(d) of Title 28 of the United States Code bars appellate jurisdiction over such remand orders unless the action was removed pursuant to the federal-officer removal statute, 28 U.S.C. Section 1442, or the civil-rights removal statute, 28 U.S.C. Section 1443. Last month, the U.S. Supreme Court decided...
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