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Bd. of Cty. Comm'rs of Boulder Cty. v. Suncor Energy (U.S.A.) Inc.

Bd. of Cty. Comm'rs of Boulder Cty. v. Suncor Energy (U.S.A.) Inc.

United States Court of Appeals for the Tenth Circuit

February 8, 2022, Filed

No. 19-1330

Opinion

McHUGH, Circuit Judge.

This matter is before us on remand from the United States Supreme Court. Suncor Energy (U.S.A.) Inc. v. Bd. of Cnty. Comm'rs of Boulder Cnty., 141 S. Ct. 2667, 210 L. Ed. 2d 830 (2021) (Mem.). The case originally came to us as an appeal of the district court's order remanding the action to state court. ] Pursuant to 28 U.S.C. § 1447(d), orders remanding removed cases to state court are not appealable "except that an order remanding a case to the State court from which it was removed pursuant to section 1442 [federal officer removal] or 1443 [civil rights cases] of this title shall be reviewable by appeal or otherwise." In our prior decision, [*3]  we held § 1447(d) limited our appellate jurisdiction to review of only the federal officer basis for removal, which was one of six grounds of federal subject-matter jurisdiction advanced in support of removal on appeal. Bd. of Cnty. Comm'rs of Boulder Cnty. v. Suncor Energy (U.S.A.) Inc., 965 F.3d 792, 819 (10th Cir. 2020), vacated and remanded by 141 S. Ct. 2667, 210 L. Ed. 2d 830 (2021) (Mem.).

] In BP P.L.C. v. Mayor & City Council of Baltimore, the Supreme Court rejected that position, holding that when a removal action is appealed under the limited grounds listed in 28 U.S.C. § 1447(d), the appellate court has subject-matter jurisdiction over all grounds for removal addressed in the district court's order. 141 S. Ct. 1532, 1543, 209 L. Ed. 2d 631 (2021). The Court then granted certiorari in this case, vacated our prior decision, and remanded for further consideration in light of its decision in BP v. Mayor & City Council of Baltimore. Suncor Energy (U.S.A.) Inc. v. Bd. of Cnty. Comm'rs of Boulder Cnty., 141 S. Ct. 2667, 210 L. Ed. 2d 830 (2021) (Mem.).

We undertake that further consideration now. For the following reasons, we hold that none of the six grounds asserted support federal removal jurisdiction. Accordingly, we affirm the district court's order remanding the action to state court.

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2022 U.S. App. LEXIS 3458 *; 25 F.4th 1238; 52 ELR 20020

BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY; BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY; CITY OF BOULDER, Plaintiffs - Appellees, v. SUNCOR ENERGY (U.S.A.) INC.; SUNCOR ENERGY SALES INC.; SUNCOR ENERGY INC.; EXXON MOBIL CORPORATION, Defendants - Appellants.CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; COLORADO COMMUNITIES FOR CLIMATE ACTION; THE NATIONAL LEAGUE OF CITIES; THE U.S. CONFERENCE OF MAYORS; THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION; NATURAL RESOURCES DEFENSE COUNCIL; PUBLIC CITIZEN, INC., Amici Curiae.

Prior History:  [*1] Appeal from the United States District Court for the District of Colorado. (D.C. No. 1:18-CV-01672-WJM-SKC).

CORE TERMS

Energy, removal, state-law, federal common law, leases, district court, preempt, preemption, federal official, federal law, federal jurisdiction, federal court, federal issue, grounds, cause of action, state law, state court, federal enclaves, fuels, climate, fossil, regulation, displaced, injuries, cases, federal question, removal statute, emissions, pollution, well-pleaded

Civil Procedure, Removal, Postremoval Remands, Appellate Review, Specific Cases Removed, Cases Involving Federal Officers, Preliminary Considerations, Prior State Court Orders, Elements for Removal, Removability, Procedural Matters, Notice of Removal, Subject Matter Jurisdiction, Jurisdiction Over Actions, Limited Jurisdiction, Evidence, Burdens of Proof, Allocation, Governments, Legislation, Interpretation, Preponderance of Evidence, Appeals, Standards of Review, De Novo Review, Proper Transferors, Federal Questions, Jurisdiction, Jurisdictional Sources, Statutory Sources, Constitutional Law, Supremacy Clause, Federal Preemption, Federal Questions, Well Pleaded Complaint Rule, Federal & State Interrelationships, Federal Common Law, Preemption, Banking Law, Banking & Finance, Federal Acts, National Bank Act, National Banks, Usury Litigation, Substantial Questions, Applicability, Environmental Law, Air Quality, Enforcement, Citizen Suits, Civil Actions, Federal Versus State Law, Administrative Proceedings, Courts, Authority to Adjudicate, Statutory Remedies & Rights, Jurisdiction, Admiralty & Maritime Law, Maritime Workers' Claims, Outer Continental Shelf Lands Act, Business & Corporate Compliance, Outer Continental Shelf Lands Act, Workers' Compensation & SSDI, Energy & Utilities Law, Discovery, Exploration & Recovery, Exploration Obligations & Rights, Real Property Law, Deeds, Types of Deeds, Mineral Deeds, Pipelines & Transportation, Pipelines, Offshore Gas & Oil Pipelines, International Law, Territorial Boundaries, Administrative Law, Judicial Review, Reviewability, Ripeness, Justiciability, Ripeness, Imminence, The Judiciary, Case or Controversy, Tests for Ripeness