Plaquemines Parish v. BP America Prod

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 22, 2026
• Docket: 23-30294
• Status: Published

Opinion

Case: 23-30294 Document: 287-1 Page: 1 Date Filed: 05/22/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

FILED No. 23-30294 May 22, 2026 ____________ Lyle W. Cayce Plaquemines Parish, Clerk

Plaintiff—Appellee,

Louisiana State; Louisiana Department of Natural Resources, Office of Coastal Management, Thomas F. Harris, Secretary,

Intervenors—Appellees,

versus

BP America Production Company, As Successor in Interest to Amoco Production Company; Burlington Resources Oil & Gas Company, L.P.; Chevron USA, Incorporated, As Successor in Interest to Chevron Oil Company, The California Company and Gulf Oil Corporation; Exxon Mobil Corporation, As Successor in Interest to The Superior Oil Company; Shell Offshore, Incorporated; Shell Oil Company; Chevron U.S.A. Holdings, Incorporated, As Successor in Interest to Texaco E&P Incorporated. and Texaco Incorporated; Texas Company; Chevron Pipe Line Company, As Successor in Interest to Gulf Refining Company,

Defendants—Appellants,

consolidated with _____________

No. 23-30422 _____________ Case: 23-30294 Document: 287-1 Page: 2 Date Filed: 05/22/2026

Parish of Cameron,

State of Louisiana, ex rel, on behalf of Jeff Landry; State of Louisiana, on behalf of Louisiana Department of Natural Resources, on behalf of Office of Coastal Management, on behalf of Thomas F. Harris,

Intervenor Plaintiffs—Appellees,

BP America Production Company; Chevron U.S.A. Incorporated, own capacity & as successor in interest, on behalf of California Company; Shell Oil Company; SWEPI, L.P.,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC Nos. 2:18-CV-5256, 2:18-CV-688 ______________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Davis, Engelhardt, and Oldham, Circuit Judges. Per Curiam: This case is before us on remand from the Supreme Court. The Supreme Court vacated the judgment of our court, having concluded Chevron plausibly alleged its case satisfied the “relating to” requirement in the federal officer removal statute, 28 U.S.C. § 1442(a)(1). Chevron USA Inc. v. Plaquemines Par., 608 U.S. ----, 146 S. Ct. 1052, 1061, 1063 (2026). In turn,

2 Case: 23-30294 Document: 287-1 Page: 3 Date Filed: 05/22/2026

23-30294 c/w No. 23-30422

we REMAND the cases to the respective district courts for proceedings consistent with the Supreme Court’s opinion.