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Sunoco LP v. City and County of Honolulu, Hawaii

Certiorari Denied

Petition for certiorari denied on April 24, 2023.

Docket No.22-523
Op. Below9th Cir.

Issue

(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.

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