BP P.L.C., et al., Petitioners v. MAYOR AND CITY COUNCIL OF BALTIMORE, 593 U.S. 230

Summary

HOLDINGS: [1]-In a case in which Baltimore’s mayor and city council sued various energy companies for promoting fossil fuels while allegedly concealing their environmental impacts, the Fourth Circuit erred in holding that it lacked jurisdiction to consider all of the defendants’ grounds for removal under 28 U.S.C.S. § 1447(d). Because it is the district court’s removal order that is appealable, a court of appeals may address any issue fairly included within it. To remove a case “pursuant to” 28 U.S.C.S. § 1442 or § 1443 just means that a defendant’s notice of removal must assert the case is removable in accordance with or by reason of one of those provisions. Once defendants cited 28 U.S.C.S. § 1442 as one of the grounds for removal and the district court ordered the case remanded to state court, the whole of its order became reviewable on appeal.