Jump to Navigation
Jump to Content

County of San Mateo v. Chevron Corp.

ELR Citation: 50 ELR 20125
Nos. 18-15499, 18-15502, 18-15503, and 18-16376, (9th Cir., 05/26/2020)

The Ninth Circuit affirmed in part a district court ruling granting California counties' and cities' motions to remand to state court a lawsuit against oil companies alleging nuisance and other causes of action arising from the role of fossil fuel products in global warming. The companies argued the district court erred in holding that there was no subject matter jurisdiction under the federal officer removal statute, because they were "persons acting under" a federal officer based on three contractual agreements with the U.S. government and there was a causal nexus between their actions under those agreements and plaintiffs' claims. The appellate court concluded the companies failed to establish that they were "acting under" a federal officer's direction based on the three agreements, and thus that the district court did not err in holding there was no subject matter jurisdiction under the federal officer removal statute. It therefore affirmed the district court's ruling with respect to removal under the federal officer removal statute, and dismissed the remainder of the companies' appeal for lack of jurisdiction.