Wire
Fifth Circuit sends Louisiana coast-damage suits back to trial court
The Fifth Circuit sent Louisiana’s coastal-damage suits against BP, Chevron, Shell and other oil companies back to federal trial court, keeping alive the fight over alleged harm to the state’s coast without deciding liability.
Louisiana’s coastal damage suits against BP America Production Co. and other oil and gas companies are headed back to the Eastern District of Louisiana after a ruling from the Fifth Circuit. The court’s order also covers a related Cameron Parish case, with Louisiana and the state Department of Natural Resources’ Office of Coastal Management listed as intervenors.
The ruling does not decide who is responsible for the damage. It clears away a jurisdictional fight that had been blocking the cases from moving forward in the trial court.
Jurisdiction, not liability
The panel said the Supreme Court had already concluded Chevron plausibly met the federal officer removal standard, the rule that can move some cases from state court into federal court when a company says it acted under federal direction. That meant the lower court had to take another look at where the lawsuits belong.
For Plaquemines Parish and Cameron Parish, the immediate effect is that the fight over Louisiana coastal harm stays alive while the companies continue pressing their removal arguments. The underlying environmental claims remain unresolved.