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In re Oil Spill by the Oil Rig "Deepwater Horizon"

Citation: 40 ELR 20267
No. No. 10-CV-1156, (E.D. La., 10/06/2010) Motion to remand denied

A district court denied Louisiana's motion to remand to state court its lawsuit against BP for damages stemming from the Deepwater Horizon oil spill. Louisiana originally filed the complaint in state court, asserting only a cause of action under state law and specifically stating that it "does not plead, and will never at any time in the future plead, any claim or cause of action arising under any federal law." Nevertheless, on June 17, 2010, BP removed the matter to the Eastern District of Louisiana. The state then filed the current motion to remand, alleging that the case was improperly removed. The federal court, however, has original jurisdiction under §1349 of the Outer Continental Shelf Lands Act. Thus, neither the well-pleaded complaint rule nor admiralty jurisdiction serve as bars to removal. Similarly, the Eleventh Amendment is not a bar to removal in this matter.

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