By: Daily Record Staff//November 15, 2023
By: Daily Record Staff//November 15, 2023//
United States Court of Appeals for the Second Circuit
Removal to federal court
Outer Continental Shelf Lands Act – Federal question
Judges Sullivan, Nardini, and Perez
Background: The plaintiff alleged that the defendant had engaged in a decades-long campaign of deception to knowingly mislead and deceive consumers about the negative climatological effects of the fossil fuels that the defendant was marketing to consumers. The defendant appealed from the denial of its motion to remove to federal district court.
Ruling: The Second Circuit affirmed. The court held that the well pleaded complaint is not subject to any exceptions other than those enumerated in Fracasse v. People’s United Bank, 747 F.3d 141 (2d Cir. 2014). The court also held that the defendant was not acting under an officer of the United States or under the color of such office with respect to the plaintiff’s Outer Continental Shelf Lands Act claims; nor did those claims raise the federal common law of transboundary pollution as a necessary element for establishing the defendant’s liability. Finally, the acts alleged did not arise out of or in connection with the defendant’s operations on the outer continental shelf, where the defendant extracts oil and gas on land leased from the federal government.
Benjamin W. Cheney, assistant attorney general, for the plaintiff-appellee; Kannon K. Shanmugam, of Paul, Weiss, Rifkind, Wharton & Garrison, for the defendant-appellant.