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Chevron USA, Inc. v. Plaquemines Parish, Louisiana

Petition for certiorari denied on February 27, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-715 5th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether a private entity is “acting under” a federal officer for purposes of removal under 28 U.S.C. § 1442 when federal officials, through orders and regulations, direct the entity’s production of a product the government requires to respond to a national emergency; and (2) whether, in assessing federal-officer removal Section 1442, both the district court and the court of appeals must accept as true all facts alleged by the removing party and draw all reasonable inferences in its favor.

DateProceedings and Orders (key to color coding)
Jan 30 2023Petition for a writ of certiorari filed. (Response due March 3, 2023)
Feb 07 2023Waiver of right of respondent Plaquemines Parish, et al. to respond filed.
Feb 08 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 09 2023Waiver of right of respondent State of Louisiana, Attorney General Jeff Landry to respond filed.
Feb 13 2023Letter of February 9, 2023 from counsel for petitioners received. (Distributed)
Feb 14 2023Brief amici curiae of General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen filed. (Distributed)
Feb 21 2023Brief amici curiae of American Petroleum Institute, et al. filed. (Distributed)
Feb 27 2023Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.