Fifth Circuit Remands Louisiana Coastal Erosion Cases After Supreme Court Finds Federal Officer Removal Plausible
The Fifth Circuit remanded consolidated coastal erosion lawsuits brought by Plaquemines Parish and Cameron Parish against BP, Chevron, Shell, and other major operators after the Supreme Court vacated its prior judgment regarding federal officer removal jurisdiction under 28 U.S.C. § 1442(a)(1). The remand returns high-stakes environmental litigation concerning decades of oil and gas operations in Louisiana's coastal zone to the district courts for further proceedings.
Background and Procedural Posture
This consolidated appeal involves lawsuits filed by Plaquemines Parish and Cameron Parish against multiple major oil and gas operators, including BP America Production Company, Chevron USA, Shell Oil Company, Burlington Resources, and ExxonMobil, as well as various successor entities. The State of Louisiana, through its Department of Natural Resources and Office of Coastal Management, intervened as a party plaintiff. The underlying litigation concerns alleged coastal erosion and environmental damage resulting from oil and gas operations in Louisiana's coastal parishes.
The defendants removed the cases to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), which permits removal of cases against federal officers or persons acting under federal officers. The district court remanded the cases to state court, and the Fifth Circuit affirmed that remand. The defendants then petitioned the Supreme Court for certiorari.
The Supreme Court's Intervention
The Supreme Court granted certiorari and vacated the Fifth Circuit's judgment. The Supreme Court's decision to vacate and remand indicated that further proceedings were necessary regarding the federal officer removal statute's requirements. The specific reasoning and holdings of the Supreme Court's opinion are not detailed in the Fifth Circuit's subsequent remand order.
Fifth Circuit's Action on Remand
Following the Supreme Court's mandate, the Fifth Circuit remanded the consolidated cases to the respective district courts. The appeals were consolidated under Nos. 23-30294 and 23-30422, with the remand order filed on May 22, 2026. The cases originated from the United States District Court for the Eastern District of Louisiana under USDC Nos. 2:18-CV-5256 and 2:18-CV-688, with Judge Jay C. Zainey presiding.
Implications for Oil and Gas Litigation
This decision has significant implications for the forum in which Louisiana coastal erosion cases against oil and gas operators will be adjudicated. The federal officer removal statute provides a basis for federal jurisdiction when defendants can demonstrate they acted under federal authority. For the numerous pending coastal erosion cases filed by Louisiana parishes against energy companies, the resolution of federal officer removal questions may determine whether litigation proceeds in state or federal court—a choice of forum that often significantly impacts litigation strategy, applicable law, and potential outcomes.