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BP P.L.C. v. Mayor and City Council of Baltimore

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Docket No. Op. Below Argument Opinion Vote Author Term
19-1189 4th Cir. Jan 19, 2021 May 17, 2021 7-1 Gorsuch OT 2020

Holding: Where defendant energy companies premised 28 U. S. C. § 1447(d) removal in part on the federal officer removal statute, Section 1442, the U.S. Court of Appeals for the 4th Circuit erred in holding that it lacked jurisdiction to consider all grounds for removal rejected by the district court.

Judgment: Vacated and remanded, 7-1, in an opinion by Justice Gorsuch on May 17, 2021. Justice Sotomayor filed a dissenting opinion. Justice Alito took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 31 2020Petition for a writ of certiorari filed. (Response due April 30, 2020)
Apr 13 2020Blanket Consent filed by Petitioner, BP p.l.c., et al.
Apr 17 2020Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk.
Apr 21 2020Response to motion from petitioner BP p.l.c., et al. filed.
Apr 23 2020Reply in support of motion from respondent filed.
Apr 24 2020Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
Apr 30 2020Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 30 2020Brief amici curiae of States of Indiana, et al. filed.
Apr 30 2020Brief amici curiae of The National Association of Manufacturers filed.
Apr 30 2020Brief amicus curiae of Energy Policy Advocates filed.
May 13 2020Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received.
Jun 29 2020Brief of respondent Mayor and City Council of Baltimore in opposition filed.
Jul 15 2020DISTRIBUTED for Conference of 9/29/2020.
Jul 15 2020Reply of petitioners BP p.l.c., et al. filed. (Distributed)
Jul 23 2020Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
Oct 02 2020Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Oct 07 2020Blanket Consent filed by Petitioner, BP p.l.c., et al.
Oct 22 2020Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
Nov 16 2020Joint appendix filed. (Statement of cost filed)
Nov 16 2020Brief of petitioners BP p.l.c., et al. filed.
Nov 18 2020Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20 2020Brief amicus curiae of DRI - Voice of the Defense Bar filed.
Nov 23 2020Brief amicus curiae of United States filed.
Nov 23 2020Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 23 2020Brief amicus curiae of Washington Legal Foundation filed.
Nov 23 2020Brief amici curiae of States of Indiana, et al. filed.
Nov 23 2020Brief amici curiae of Richard B. Myers and Michael G. Mullen filed.
Nov 23 2020Brief amicus curiae of American Petroleum Institute filed.
Nov 23 2020Brief amici curiae of The National Association of Manufacturers, et al. filed.
Nov 23 2020Brief amicus curiae of Energy Policy Advocates filed.
Nov 25 2020SET FOR ARGUMENT on Wednesday, January 19, 2021.
Dec 03 2020Record requested from the U.S.C.A. 4th Circuit.
Dec 08 2020CIRCULATED
Dec 11 2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 16 2020Brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
Dec 22 2020Brief amici curiae of State and Local Government Groups filed. (Distributed)
Dec 23 2020Brief amici curiae of Chesapeake Bay Foundation and Natural Resources Defense Council filed. (Distributed)
Dec 23 2020Brief amici curiae of Senators Whitehouse, et al. filed. (Distributed)
Dec 23 2020Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
Dec 23 2020Brief amici curiae of States of New York, et al. filed. (Distributed)
Dec 23 2020Brief amici curiae of Boulder County, San Miguel County, and the City of Boulder, Colorado filed. (Corrected Copy) (Distributed)
Dec 30 2020The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer.
Jan 08 2021Motion 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.
Jan 08 2021Reply of petitioners BP p.l.c., et al. filed. (Distributed)
Jan 19 2021Argued. 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.
May 17 2021Judgment 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.
Jun 18 2021JUDGMENT ISSUED.