U.S. Supreme Court
Lower Court Opinion
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.
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.
Cert. petition denied
April 24, 2023
U.S. Chamber files amicus brief
January 06, 2023
The amicus brief urges the Supreme Court to grant certiorari to review the Ninth Circuit’s holding that federal-officer removal jurisdiction is available to a defendant only if it asserts a colorable federal defense that “flows from” the defendant’s official duties. The Chamber previously filed a brief in this litigation in the Ninth Circuit.
William M. Jay, Andrew Kim, Briana Adams-Seaton, and Justin D. Ward of Goodwin Proctor LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.