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Chevron USA, Inc. v. Plaquemines Parish, Louisiana

Certiorari Denied

Petition for certiorari denied on February 27, 2023.

Docket No.22-715
Op. Below5th Cir.

Issue

(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.

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