City and County of Honolulu v. Sunoco LP; County of Maui v. Chevron USA, Inc.

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

Ninth Circuit holds that none of the grounds for removal asserted on appeal by the defendants give rise to federal removal jurisdiction

July 7, 2022

Click here to view the opinion. The U.S. Chamber filed an amicus brief opposing this outcome. The court did not rule on the Chamber’s argument that the federal-officer removal statute does not require a causal nexus between acts taken under federal direction and the plaintiffs’ claims.

U.S. Chamber files amicus brief arguing that district court erred in holding that 28 U.S.C. § 1442, the federal-officer removal statute, required a causal nexus between acts taken under federal direction and the plaintiffs’ claims

July 26, 2021

Congress amended the statute in 2011 to extend federal court jurisdiction to civil actions, against federal officers and others, that “relat[e] to” acts under color of federal office.

Click here to view the U.S. Chamber’s amicus brief. William M. Jay and Andrew Kim of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

U.S. Chamber Amicus Brief -- City and County of Honolulu v. Sunoco LP (Ninth Circuit).pdf

Opinion -- City and County of Honolulu v. Sunoco LP (Ninth Circuit).pdf