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Sunoco LP v. City and County of Honolulu, Hawaii

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
22-523 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit 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; and (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.

DateProceedings and Orders (key to color coding)
Sep 16 2022Application (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.
Sep 21 2022Application (22A239) granted by Justice Kagan extending the time to file until December 4, 2022.
Dec 02 2022Petition for a writ of certiorari filed. (Response due January 5, 2023)
Dec 09 2022Letter from counsel for petitioners pursuant to Rule 12.6 filed.
Dec 16 2022Blanket Consent filed by Respondent, City and County of Honolulu, et al.
Dec 19 2022Motion to extend the time to file a response from January 5, 2023 to February 6, 2023, submitted to The Clerk.
Dec 20 2022Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2023.
Dec 21 2022Blanket Consent filed by Petitioner, Sunoco LP
Jan 05 2023Brief amicus curiae of The National Association of Manufacturers filed.
Jan 05 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed.