No. 20-783

Suncor Energy (U.S.A.) Inc., et al. v. Board of County Commissioners of Boulder County, et al.

Lower Court: Tenth Circuit
Docketed: 2020-12-08
Status: GVR
Type: Paid
Relisted (2) Experienced Counsel
Tags: appellate-review civil-rights-removal court-of-appeals federal-officer-removal jurisdiction remand-order removal statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (AI Summary)

Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court's order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443

Question Presented (OCR Extract)

QUESTION PRESENTED Section 1447(d) of Title 28 of the United States Code generally precludes appellate review of an order remanding a removed case to state court. But Section 1447(d) expressly provides that an “order remanding acase * * * removed pursuant to” the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443, “shall be reviewable by appeal or otherwise.” Some courts of appeals have interpreted Section 1447(d) to permit appellate review of any issue encompassed in a district court’s remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes; other courts of appeals, including the Tenth Circuit in this case, have held that appellate review is limited to the federal-officer or civilrights ground for removal. The question presented, which is also presented in BP p.l.c. v. Mayor & City Council of Baltimore, No. 19-1189 (to be argued Jan. 19, 2021), is as follows: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civilrights removal statute, 28 U.S.C. 1443. (1)

Docket Entries

2021-06-25
JUDGMENT ISSUED.
2021-05-24
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>BP p.l.c.</i> v. <i>Mayor and City Council of Baltimore</i>, 593 U. S. ___ (2021).
2021-05-17
DISTRIBUTED for Conference of 5/20/2021.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-05
Brief of respondents Board of County Commissioners of Boulder County, et al. in opposition filed.
2021-01-04
Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2021.
2020-12-31
Motion to extend the time to file a response from January 7, 2021 to March 5, 2021, submitted to The Clerk.
2020-12-04
Petition for a writ of certiorari filed. (Response due January 7, 2021)

Attorneys

Board of County Commissioners of Boulder County, et al.
Marco Benjamin SimonsEarthRights International, Respondent
Marco Benjamin SimonsEarthRights International, Respondent
Suncor Energy (U.S.A.) Inc., et al.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner