BP p.l.c. v. Mayor and City Council of Baltimore, 593 U.S. ___ (2021)
Baltimore sued energy companies in Maryland state court, alleging that they concealed the environmental impacts of the fossil fuels they promoted. The companies removed the case to federal court invoking, among other grounds, the federal officer removal statute, 28 U.S.C. 1442. The district court remanded. Although an order remanding a case to state court is ordinarily unreviewable on appeal, appellate review is available for orders “remanding a case to the State court from which it was removed pursuant to section 1442 or 1443,” 28 U.S.C. 1447(d) The Fourth Circuit concluded the provision authorized appellate review only for the part of a remand order deciding the section 1442 or 1443 removal ground and that it lacked jurisdiction to review the rejection of the other removal grounds.
The Supreme Court vacated and remanded. The ordinary meaning of section 1447(d)’s text permits appellate review of the district court’s entire remand order when a defendant relies on section 1442 or 1443 as a ground for removal. It makes no difference that the defendants removed the case “pursuant to” multiple federal statutes. Section 1447(d) contains no language limiting appellate review to cases removed solely under 1442 or 1443. The Court focused on the statute’s use of the word “order.” Allowing full appellate review may actually help expedite some cases. Baltimore’s contention that this reading of 1447(d) will invite defendants to frivolously add 1442 or 1443 to their other grounds for removal has already been addressed by other statutes and rules, which provide for sanctions.
The statute permitting appellate review of orders “remanding a case to the State court from which it was removed pursuant to section 1442 or 1443,” permits the review of the entire remand order, not just the portions dealing with section 1442 (federal officer) or 1443 ground for removal.
SUPREME COURT OF THE UNITED STATES
Syllabus
BP p. l. c. et al. v. Mayor and City Council of Baltimore
certiorari to the united states court of appeals for the fourth circuit
No. 19–1189. Argued January 19, 2021—Decided May 17, 2021
Baltimore’s Mayor and City Council (collectively City) sued various energy companies in Maryland state court alleging that the companies concealed the environmental impacts of the fossil fuels they promoted. The defendant companies removed the case to federal court invoking a number of grounds for federal jurisdiction, including the federal officer removal statute, 28 U. S. C. §1442. The City argued that none of the defendants’ various grounds for removal justified retaining federal jurisdiction, and the district court agreed, issuing an order remanding the case back to state court. Although an order remanding a case to state court is ordinarily unreviewable on appeal, Congress has determined that appellate review is available for those orders “remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of [Title 28].” §1447(d). The Fourth Circuit read this provision to authorize appellate review only for the part of a remand order deciding the §1442 or §1443 removal ground. It therefore held that it lacked jurisdiction to review the district court’s rejection of the defendants’ other removal grounds.
Held: The Fourth Circuit erred in holding that it lacked jurisdiction to consider all of the defendants’ grounds for removal under §1447(d). Pp. 4–14.
(a) The ordinary meaning of §1447(d)’s text permits appellate review of the district court’s entire remand order when a defendant relies on §1442 or §1443 as a ground for removal. The relevant portion of §1447(d) provides that “an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal.” The “order remanding a case” here rejected all of the defendants’ grounds for removal because (subject to exceptions not applicable here) the district court was not at liberty to remove the City’s case from its docket until it determined that it lacked any authority to entertain the suit. See, e.g., Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 356; see also Sprint Communications, Inc. v. Jacobs, 571 U.S. 69, 72 (“[C]ourts are obliged to decide cases within the scope of federal jurisdiction” assigned to them). And this case was removed “pursuant to” §1442 because the defendants relied on §1442 as a ground for removal when satisfying the requirements of §1446. It makes no difference that the defendants removed the case “pursuant to” multiple federal statutes. The general removal statute contemplates this possibility when it speaks of actions “removed solely under” the diversity jurisdiction statute. §1446(b)(2)(A) (emphasis added). And §1447(d) contains no comparable language limiting appellate review to cases removed solely under §1442 or §1443. The parties’ dueling observations that Congress knows how to authorize appellate courts to review every issue in a remand order, see, e.g., 18 U. S. C. §3595(c)(1), and that Congress also knows how to limit appellate review to particular “questions” rather than the whole “order,” see, e.g., 28 U. S. C. §1295(a)(7), confirms the wisdom of focusing on the language Congress did employ. The City’s novel contention that the defendants never really removed the case pursuant to §1442 because no federal court here held that the statute indeed authorized removal is mistaken and has never been adopted by any court. Pp. 4–8.
(b) The Court’s most analogous precedent, Yamaha Motor Corp., U. S. A. v. Calhoun, 516 U.S. 199, resolves any remaining doubt about the best reading of §1447(d). That case involved a dispute about the meaning of §1292(b)—a statute allowing a district court to certify “an order” to the court of appeals if it “involves a controlling question of law.” The Court held that the statute’s grant of appellate review for the “order,” meant the entire order was reviewable, not just the part of the order containing the “controlling question of law.” Id., at 205. The City suggests that the statute’s use of the word “involves” shows that the reviewable issues on appeal can be broader than the certified question. But nothing in Yamaha turned on the presence of the word “involves.” Instead, as here, the Court focused on the statute’s use of the word “order.” The Court’s decisions in Murdock v. Memphis, 20 Wall. 590, and United States v. Keitel, 211 U.S. 370, do not support the City because both decisions were driven by concerns unique to their statutory contexts; their reasoning is not easily generalizable to other jurisdictional statutes; and neither comes nearly as close to the mark as Yamaha. The Court’s decisions in Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635, and Thermtron Products, Inc. v. Hermansdorfer, 423 U. S. 336—which permitted rather than foreclosed appellate review of certain remand orders—similarly do not help the City’s cause because they say nothing about the part of §1447(d) at issue today. Finally, the City argues that, when Congress amended §1447(d) to add the exception for federal officer removal under §1442 to the existing exception for civil rights cases under §1443, Congress ratified lower court decisions that had read the prior version of §1447(d) as permitting review only of the part of the remand order addressing §1443’s civil rights removal ground. It is most unlikely that a smattering of lower court opinions could ever represent a “broad and unquestioned” judicial consensus that Congress must have been aware of and is presumed to have endorsed. Jama v. Immigration and Customs Enforcement, 543 U.S. 335, 349. And it certainly cannot do so where, as here, “the text and structure of the statute are to the contrary.” Id., at 352. Pp. 8–12.
(c) The City’s policy arguments do not alter the result because “even the most formidable” policy arguments cannot “overcome” a clear statutory directive, Kloeckner v. Solis, 568 U.S. 41, 56, n. 4. While the City argues that allowing exceptions to the bar on appellate review of remand orders will impair judicial efficiency, that is the balance that Congress struck for cases removed pursuant to §1442 or §1443. And allowing full appellate review may actually help expedite some cases. The City’s contention that the Court’s reading of §1447(d) will invite defendants to frivolously add §1442 or §1443 to their other grounds for removal has already been addressed by other statutes and rules, such as §1447(c), which permits a district court to order a party to pay the costs and expenses of removal, and Federal Rule of Civil Procedure 11(b)–(c), which authorizes courts to sanction frivolous arguments. The Court declines to consider the merits of the defendants’ removal grounds and remands for the Fourth Circuit to consider those matters in the first instance. Pp. 12–14.
952 F.3d 452, vacated and remanded.
Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion. Alito, J., took no part in the consideration or decision of the case.
JUDGMENT ISSUED. |
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion. Alito, J., took no part in the consideration or decision of the case. |
Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C.; and Brinton Lucas, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Victor M. Sher, San Francisco, Cal. |
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
Reply of petitioners BP p.l.c., et al. filed. (Distributed) |
The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer. |
Brief amici curiae of Chesapeake Bay Foundation and Natural Resources Defense Council filed. (Distributed) |
Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed) |
Brief amici curiae of Senators Whitehouse, et al. filed. (Distributed) |
Brief amici curiae of States of New York, et al. filed. (Distributed) |
Brief amici curiae of Boulder County, San Miguel County, and the City of Boulder, Colorado filed. (Corrected Copy) (Distributed) |
Brief amici curiae of State and Local Government Groups filed. (Distributed) |
Brief of respondent Mayor and City Council of Baltimore filed. (Distributed) |
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
CIRCULATED |
Record requested from the U.S.C.A. 4th Circuit. |
SET FOR ARGUMENT on Wednesday, January 19, 2021. |
Brief amici curiae of States of Indiana, et al. filed. |
Brief amicus curiae of Washington Legal Foundation filed. |
Brief amicus curiae of United States filed. |
Brief amici curiae of Richard B. Myers and Michael G. Mullen filed. |
Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
Brief amicus curiae of Energy Policy Advocates filed. |
Brief amicus curiae of American Petroleum Institute filed. |
Brief amici curiae of The National Association of Manufacturers, et al. filed. |
Brief amicus curiae of DRI - Voice of the Defense Bar filed. |
Brief amicus curiae of Atlantic Legal Foundation filed. |
Joint appendix filed. |
Brief of petitioners BP p.l.c., et al. filed. |
Joint appendix filed. (Statement of cost filed) |
Blanket Consent filed by Respondent, Mayor and City Council of Baltimore |
Blanket Consent filed by Petitioner, BP p.l.c., et al. |
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed) |
DISTRIBUTED for Conference of 9/29/2020. |
Reply of petitioners BP p.l.c., et al. filed. (Distributed) |
Brief of respondent Mayor and City Council of Baltimore in opposition filed. |
Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received. |
Brief amici curiae of States of Indiana, et al. filed. |
Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
Brief amici curiae of The National Association of Manufacturers filed. |
Brief amicus curiae of Energy Policy Advocates filed. |
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020. |
Reply in support of motion from respondent filed. |
Response to motion from petitioner BP p.l.c., et al. filed. |
Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk. |
Blanket Consent filed by Petitioner, BP p.l.c., et al. |
Petition for a writ of certiorari filed. (Response due April 30, 2020) |