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En Banc Fifth Circuit Issues Long-Awaited Ruling on Federal Officer Removal

The Energy Law Blog

The Fifth Circuit recently issued an en banc opinion in Latiolais v. Huntington Ingalls, Inc. , [1] a case previously featured on the Blog , overruling “extraordinarily confused” precedent and establishing a new removal test under the Federal Officer Removal Statute, 28 U.S.C. 24, 2020) (en banc). [2] 1442(a)(1).

2011 52
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5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal

The Energy Law Blog

1442 authorized removal to federal court of a suit against a federal officer “only when the state suit was ‘ for any act under color of such office.’” In 2011, Congress amended § 1442 to allow removal of a state suit against a federal officer “for or relating to any act under color of such office.” Alcoa Steamship Co.

2011 40
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Tribal Energy Sovereignty in California

Legal Planet

On Thursday, March 2, 2023, California’s principal energy agencies – the California Energy Commission (CEC) and the California Public Utilities Commission (CPUC) – held a first-of-its-kind, joint en banc hearing at Cal Poly Humboldt with Tribal government leaders and all 10 commissioners of the CEC and CPUC.

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HotSpots H2O: Report Spotlights Funding Gap in Canada’s First Nations Water Crisis

Circle of Blue

A boil water advisory sign issued by the Tl’azl’en Nation in British Colombia.© Canada will need to spend significantly more to solve the decades-long water crisis in its Indigenous First Nations, according to a new report from the country’s federal budget officer. . © Macdonald-Laurier Institute.

2014 279
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California Can Do It

Union of Concerned Scientists

Here in Richmond, California, shipyards were bursting with thousands of men and women (for the first time allowed into the workforce en masse). At this high stakes-moment, I am grateful to lead the UCS Western States office in a state that has established itself as a leader in reducing and responding to climate change.

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U.S. Supreme Court To Review Scope of Appellate Review for Federal Officer Removal in Climate Change Litigation

The Energy Law Blog

By granting the petition, the Supreme Court has agreed to review the Fourth Circuit Court of Appeals’ decision remanding the suit to state court after rejecting the energy companies’ contention that they were acting as federal officers pursuant to historical contracts with the federal government. 1447(d). .

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Alliance For The Chesapeake Bay: The Connecting Power Of The Susquehanna River Sojourn

PA Environment Daily

When the Alliance for the Chesapeake Bay opened the Pennsylvania office in 1987, many people in the Commonwealth didn’t know the Susquehanna was the main source of freshwater to the Chesapeake. Sojourns also afforded me the opportunity to get to know the Susquehanna at a much deeper level.