No. 22-523

Sunoco LP, et al. v. City and County of Honolulu, Hawaii, et al.

Lower Court: Ninth Circuit
Docketed: 2022-12-06
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: circuit-conflict climate-change climate-change-litigation federal-jurisdiction federal-officer-removal federal-preemption greenhouse-gas-emissions jurisdictional-challenge preemption statutory-interpretation transboundary-pollution
Key Terms:
AdministrativeLaw DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the court of appeals erred in holding that 28 U.S.C. § 1442 precludes removal by federal officers and persons acting under them unless the removing defendant's colorable federal defense arises out of the defendant's federal duty

Question Presented (from Petition)

question presented is: 1. Whether the court of appeals erred in holding that 28 U.S.C. § 1442 precludes removal by federal officers and persons acting under them unless the removing defendant’s colorable federal defense arises out of the defendant’s federal duty. Additionally, this case presents a second question on which the Court has asked the Solicitor General to provide the United States’s views in a similar case: 2. Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state law claims seeking redress for injuries allegedly caused by the effect of transboundary greenhouse gas emissions on the global climate, on the ground that federal law necessarily and exclusively governs such claims.

Docket Entries

2023-04-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-02
Rescheduled.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
2023-02-06
Brief of respondents City and County of Honolulu, et al. in opposition filed.
2023-01-05
Brief amicus curiae of The National Association of Manufacturers filed.
2023-01-05
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2022-12-21
Blanket Consent filed by Petitioner, Sunoco LP
2022-12-20
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2023.
2022-12-19
Motion to extend the time to file a response from January 5, 2023 to February 6, 2023, submitted to The Clerk.
2022-12-16
Blanket Consent filed by Respondent, City and County of Honolulu, et al.
2022-12-09
Letter from counsel for petitioners pursuant to Rule 12.6 filed.
2022-12-02
Petition for a writ of certiorari filed. (Response due January 5, 2023)
2022-09-21
Application (22A239) granted by Justice Kagan extending the time to file until December 4, 2022.
2022-09-16
Application (22A239) to extend the time to file a petition for a writ of certiorari from October 5, 2022 to December 4, 2022, submitted to Justice Kagan.

Attorneys

City and County of Honolulu, et al.
Victor M. SherSher Edling LLP, Respondent
Victor M. SherSher Edling LLP, Respondent
Sunoco LP
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
The Chamber of Commerce of the United States of America
William McGinley JayGoodwin Procter LLP, Amicus
William McGinley JayGoodwin Procter LLP, Amicus
The National Association of Manufacturers
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus