BP P.L.C. v. Mayor and City Council of Baltimore

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1189	4th Cir.	Jan 19, 2021	May 17, 2021	7-1	Gorsuch	OT 2020

Holding: Where defendant energy companies premised 28 U. S. C. " 1447(d) removal in part on the federal officer removal statute, Section 1442, the U.S. Court of Appeals for the 4th Circuit erred in holding that it lacked jurisdiction to consider all grounds for removal rejected by the district court.

Judgment: Vacated and remanded, 7-1, in an opinion by Justice Gorsuch on May 17, 2021. Justice Sotomayor filed a dissenting opinion. Justice Alito took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Court revives federal appeal for oil and gas companies in climate-change case (Amy Howe, May 17, 2021)
Justices divided in procedural battle between Baltimore, oil companies in climate fight (Amy Howe, January 20, 2021)
Case preview: Justices to consider procedural issue in major climate-change lawsuit (Amy Howe, January 18, 2021)
Court releases January calendar (updated) (Amy Howe, November 25, 2020)
Justices add seven new cases to docket, including major voting-rights dispute (Amy Howe, October 2, 2020)
Petitions of the week (Andrew Hamm, May 5, 2020)

Date	Proceedings and Orders (key to color coding)
03/31/2020	Petition for a writ of certiorari filed. (Response due April 30, 2020)
04/13/2020	Blanket Consent filed by Petitioner, BP p.l.c., et al.
04/17/2020	Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk.
04/21/2020	Response to motion from petitioner BP p.l.c., et al. filed.
04/23/2020	Reply in support of motion from respondent filed.
04/24/2020	Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
04/30/2020	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
04/30/2020	Brief amici curiae of States of Indiana, et al. filed.
04/30/2020	Brief amici curiae of The National Association of Manufacturers filed.
04/30/2020	Brief amicus curiae of Energy Policy Advocates filed.
05/13/2020	Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received.
06/29/2020	Brief of respondent Mayor and City Council of Baltimore in opposition filed.
07/15/2020	DISTRIBUTED for Conference of 9/29/2020.
07/15/2020	Reply of petitioners BP p.l.c., et al. filed. (Distributed)
07/23/2020	Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
10/02/2020	Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
10/07/2020	Blanket Consent filed by Petitioner, BP p.l.c., et al.
10/22/2020	Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
11/16/2020	Joint appendix filed. (Statement of cost filed)
11/16/2020	Brief of petitioners BP p.l.c., et al. filed.
11/18/2020	Brief amicus curiae of Atlantic Legal Foundation filed.
11/20/2020	Brief amicus curiae of DRI - Voice of the Defense Bar filed.
11/23/2020	Brief amicus curiae of United States filed.
11/23/2020	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
11/23/2020	Brief amicus curiae of Washington Legal Foundation filed.
11/23/2020	Brief amici curiae of States of Indiana, et al. filed.
11/23/2020	Brief amici curiae of Richard B. Myers and Michael G. Mullen filed.
11/23/2020	Brief amicus curiae of American Petroleum Institute filed.
11/23/2020	Brief amici curiae of The National Association of Manufacturers, et al. filed.
11/23/2020	Brief amicus curiae of Energy Policy Advocates filed.
11/25/2020	SET FOR ARGUMENT on Wednesday, January 19, 2021.
12/03/2020	Record requested from the U.S.C.A. 4th Circuit.
12/08/2020	CIRCULATED
12/11/2020	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/16/2020	Brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
12/22/2020	Brief amici curiae of State and Local Government Groups filed. (Distributed)
12/23/2020	Brief amici curiae of Chesapeake Bay Foundation and Natural Resources Defense Council filed. (Distributed)
12/23/2020	Brief amici curiae of Senators Whitehouse, et al. filed. (Distributed)
12/23/2020	Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
12/23/2020	Brief amici curiae of States of New York, et al. filed. (Distributed)
12/23/2020	Brief amici curiae of Boulder County, San Miguel County, and the City of Boulder, Colorado filed. (Corrected Copy) (Distributed)
12/30/2020	The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer.
01/08/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
01/08/2021	Reply of petitioners BP p.l.c., et al. filed. (Distributed)
01/19/2021	Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C.; and Brinton Lucas, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Victor M. Sher, San Francisco, Cal.
05/17/2021	Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion. Alito, J., took no part in the consideration or decision of the case.
06/18/2021	JUDGMENT ISSUED.