Amicus Curiae Brief — Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al.

Supreme Court briefSep 11, 2025

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No. 24-813

In the Supreme Court of the United States

CHEVRON U.S.A. INCORPORATED, ET AL.,

Petitioners,

V.

PLAQUEMINES PARISH, ET AL.,

Respondents.

——————

ON WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

BRIEF OF AMICI CURIAE STATES OF

WEST VIRGINIA, ALASKA, IOWA, GEORGIA,

MISSOURI, NEBRASKA, AND OKLAHOMA

IN SUPPORT OF PETITIONERS

JOHN B. MCCUSKEY

Attorney General

OFFICE OF THE

WEST VIRGINIA

ATTORNEY GENERAL

State Capitol Complex

Building 1, Room E-26

Charleston, WV 25305

mwilliams@wvago.gov

(304) 558-2021

MICHAEL R. WILLIAMS

Solicitor General

Counsel of Record

Counsel for Amicus Curiae State of West Virginia

[additional counsel listed after signature page]

TABLE OF CONTENTS

Introduction and Interests of Amici Curiae .................... 1

Summary of Argument ........................................................ 5

Argument .............................................................................. 6

I.

The majority below wrongly narrowed the

“relating to” aspect of the federal-officer

removal statute ............................................................ 6

II.

The Court should protect the paramount

national interest in energy ....................................... 15

Conclusion ........................................................................... 23

II

TABLE OF AUTHORITIES

Page(s)

Cases

Agyin v. Razmzan,

986 F.3d 168 (2d Cir. 2021) ............................................ 7

Alabama v. California,

145 S. Ct. 757 (2025) ..................................................... 20

Ali v. Fed. Bureau of Prisons,

552 U.S. 214 (2008) ......................................................... 9

Baker v. Atl. Richfield Co.,

962 F.3d 937 (7th Cir. 2020) ........................................... 9

Bereslavsky v. Esso Standard Oil Co.,

175 F.2d 148 (4th Cir. 1949) ........................................... 3

Betzner v. Boeing Co.,

910 F.3d 1010 (7th Cir. 2018) ......................................... 7

Boyle v. United Techs. Corp.,

487 U.S. 500 (1988) ....................................................... 18

California by & through Harrison v.

Express Scripts, Inc.,

139 F.4th 763 (9th Cir. 2025) ......................................... 6

Celotex Corp. v. Edwards,

514 U.S. 300 (1995) ......................................................... 9

Chevron Corp. v. Donziger,

974 F. Supp. 2d 362 (S.D.N.Y. 2014)........................... 22

City & Cnty. of Honolulu v. Sunoco LP,

39 F.4th 1101 (9th Cir. 2022) ....................................... 20

Coventry Health Care of Mo., Inc. v.

Nevils,

581 U.S. 87 (2017) ........................................................... 8

III

DeFiore v. SOC LLC,

85 F.4th 546 (9th Cir. 2023) ........................................... 7

Egelhoff v. Egelhoff ex rel. Breiner,

532 U.S. 141 (2001) ......................................................... 8

Enbridge Energy, LP v. Nessel,

No. 24-783, 2025 WL 1787715

(U.S. June 30, 2025) ...................................................... 21

Exxon Mobil Corp. v. United States,

108 F. Supp. 3d 486 (S.D. Tex. 2015) .......................... 13

Exxon Mobil Corp. v. United States,

No. CV H-10-2386, 2020 WL 5573048

(S.D. Tex. Sept. 16, 2020) ............................................... 2

Former Emps. of Chevron Prods. Co. v.

U.S. Sec’y of Lab.,

26 C.I.T. 1272 (2002) ..................................................... 10

Gay v. Ruff,

292 U.S. 25 (1934) ......................................................... 15

Gov’t of Puerto Rico v. Express Scripts,

Inc.,

119 F.4th 174 (1st Cir. 2024) .......................................... 6

Gulf Offshore Co. v. Mobil Oil Corp.,

453 U.S. 473 (1981) ....................................................... 16

Haig v. Agee,

453 U.S. 280 (1981) ....................................................... 18

Maryland v. 3M Co.,

130 F.4th 380 (4th Cir. 2025) ......................................... 7

McCurdy v. Mountain Valley Pipeline,

LLC,

No. CIV.A. 1:15-03833, 2015 WL

4497407 (S.D.W. Va. July 23, 2015) ............................ 21

IV

Meshal v. Higgenbotham,

804 F.3d 417 (D.C. Cir. 2015) ...................................... 18

In re Methyl Tertiary Butyl Ether Prods.

Liab. Litig.,

399 F. Supp. 2d 356 (S.D.N.Y. 2005)........................... 21

Moore v. Elec. Boat Corp.,

25 F.4th 30 (1st Cir. 2022).............................................. 9

Morales v. Trans World Airlines, Inc.,

504 U.S. 374 (1992) ......................................................... 8

New Orleans City v. Aspect Energy, LLC,

126 F.4th 1047 (5th Cir. 2025) ....................................... 4

Nessel on behalf of People of Michigan v.

Enbridge Energy, LP,

104 F.4th 958 (6th Cir. 2024) ....................................... 21

Osborn v. Bank of U.S.,

22 U.S. 738 (1824) ......................................................... 16

Patel v. Garland,

596 U.S. 328 (2022) ......................................................... 9

Rowe v. N.H. Motor Transp. Ass’n,

552 U.S. 364 (2008) ......................................................... 9

Shell Oil Co. v. United States,

751 F.3d 1282 (Fed. Cir. 2014) ...................................... 3

Watson v. Philip Morris Cos., Inc.,

551 U.S. 142 (2007) ................................................... 6, 15

West Virginia ex rel. Hunt v.

CaremarkPCS Health, LLC,

140 F.4th 188 (4th Cir. 2025) ......................................... 6

Willingham v. Morgan,

395 U.S. 402 (1969) ......................................................... 6

V

Wyoming v. Livingston,

443 F.3d 1211 (10th Cir. 2006) ..................................... 16

Statutes

28 U.S.C. § 1442 ............................................................ 6, 7, 9

42 U.S.C. § 15951 ................................................................ 17

N.Y. ENV’T CONSER. LAW § 76-0101 ................................ 21

N.Y. ENV’T CONSER. LAW § 76-0103 ................................ 21

VT. STAT. tit. 10, § 596 ........................................................ 21

VT. STAT. tit. 10, § 599c ...................................................... 21

Other Authorities

Akhil Reed Amar,

A Neo-Federalist View of Article III:

Separating the Two Tiers of Federal

Jurisdiction,

65 BOSTON UNIV. L. REV. 205 (1985) .......................... 16

Anthony G. Amsterdam & James S.

Liebman,

Loper Bright and the Great Writ,

56 COLUM. HUM. RTS. L. REV. 54 (2024) .................... 16

Casey Harper,

Jury Verdict Against Oil Industry

Worries Critics, Could Drive Up

Energy Costs,

HIGHLAND COUNTY PRESS

(Apr. 7, 2025),

https://tinyurl.com/vd7bpx52 ...................................... 19

VI

Commander Paul B. Blackburn,

Oil to Burn?,

74 U.S. NAVAL INST. PROCEEDINGS

1482 (Dec. 1948) ............................................................ 12

Cong. Globe,

39th Cong., 1st Sess. 1880

(Apr. 18, 1866) ............................................................... 23

Energy’s Vital Role in World War II

Offers Vital Lessons for Today,

AM. OIL & GAS REP. (Oct. 2023),

https://tinyurl.com/25n5azxw ........................................ 1

Establishing the National Energy

Dominance Council,

Exec. Order 14213, 90 Fed. Reg. 9945

(Feb. 14, 2025) ............................................................... 17

THE FEDERALIST NO. 81,

(A. Hamilton) (J. Cooke ed. 1961) ............................... 15

Gerald D. Nash,

Energy Crises in Historical

Perspective,

21 NAT. RES. J. 341 (1981) ........................................... 11

GREGORY J. LENGYEL,

DEPARTMENT OF DEFENSE ENERGY

STRATEGY: TEACHING AN OLD DOG

NEW TRICKS (2007),

https://tinyurl.com/32smt7f8 ....................................... 18

H.R. Rep. No. 112–17, pt. 1 (2011) ...................................... 8

Jeff Landry,

The Buddy System, HOUMATODAY

(Sept. 19, 2013)

https://tinyurl.com/msjujvxd ....................................... 19

VII

Jerry P. Sanson,

World War II Industrialization in

Louisiana, 64PARISHES (2023),

https://tinyurl.com/2wwz5fvf ....................................... 12

Jessica Kittleberger & Michael R. Barsa,

No Place for Morality: The Emerging

Threat to Interstate Commerce and the

Extraterritoriality Principle,

57 CREIGHTON L. REV. 491 (2024) .............................. 10

Joseph A. Schremmer,

Technical Operation of Refineries,

3 L. OF ENVTL. PROT. (2024 update) ........................... 10

Julie Cart,

Louisiana’s Love-Hate Relationship

With The Oil Industry,

L.A. TIMES (Sept. 15, 2010),

https://tinyurl.com/3mm6s5y5..................................... 19

Llewelyn Hughes & Austin Long,

Is There an Oil Weapon? Security

Implications of Changes in the

Structure of the International Oil

Market,

39 INT’L SEC. 152 (2015) .............................................. 12

Lucas Martin,

78 AM. JUR. 2D WAR (May 2025 supp.) ....................... 19

Michael Toth,

A Bad Business on the Bayou,

WALL. ST. J. (Mar. 31, 2025),

https://tinyurl.com/48k6wwmy .................................... 19

VIII

NAT’L CAUCUS OF ENV’TL LEGISLATORS,

2025 SUPERFUND LEGISLATION

(CLIMATE) (2025),

https://tinyurl.com/3enh4k2u ...................................... 22

NATIONAL WORLD WAR II MUSEUM,

THE PELICAN STATE GOES TO WAR:

LOUISIANA IN WORLD WAR II (2017),

https://tinyurl.com/27pb6x2v ....................................... 14

NETA C. CRAWFORD,

PENTAGON FUEL USE, CLIMATE

CHANGE, AND THE COSTS OF WAR

(Nov. 13, 2019),

https://tinyurl.com/357dnw9e ...................................... 18

PETROLEUM ADMINISTRATION FOR WAR,

A HISTORY OF THE PETROLEUM

ADMINISTRATION FOR WAR: 1941-1945

(John W. Frey & H. Chandler Ide eds.

1946) ................................................................. 2, 3, 11, 12

Rachel Hudson,

One Size Does Not Fit All Leases—It’s

Time to Amend Bankruptcy Code

Section 365,

38 EMORY BANKR. DEV. J. 317 (2022) ......................... 17

THE RECORDS OF THE FEDERAL

CONVENTION OF 1787

(Max Ferrand ed., rev. ed. 1966)................................. 15

Relate,

BLACK’S LAW DICTIONARY

(12th ed. 2024) ................................................................. 8

ROBERT GORALSKI & RUSSELL W.

FREEBURG,

OIL & WAR (2021) ....................................................... 2, 3

IX

Robert M. Howard & Shawn T. Cobb,

Victory Through Production: Are

Legacy Costs of War Scuttling the

“GOCO Model”?,

46 PUB. CONT. L.J. 259 (2017) ....................................... 3

Robert N. Clinton,

A Mandatory View of Federal Court

Jurisdiction: A Guided Quest for the

Original Understanding of Article III,

132 U. PA. L. REV. 741 (1984) ...................................... 16

ROBERT PIROG,

CONG. RSCH. SERV., RL32248,

PETROLEUM REFINING: ECONOMIC

PERFORMANCE AND CHALLENGES FOR

THE FUTURE (2008) ...................................................... 11

William Howard Taft,

Address to the National Conservation

Congress in St. Paul, Minnesota, THE

AMERICAN PRESIDENCY PROJECT

(Sep. 5, 1910),

https://tinyurl.com/4aw9nw47 ..................................... 17

Unleashing American Energy,

Exec. Order 14154, 90 Fed. Reg. 8353

(Jan. 29, 2025) ............................................................... 17

U.S. Gulf Coast Fuel Oil Imports at

Record Low as Refiners Opt for

Heavier Crude, ENERGYNOW

(July 7, 2025),

https://tinyurl.com/yc4ph2nm ..................................... 17

U.S. PETROLEUM ADMIN. FOR WAR,

PETROLEUM IN WAR AND PEACE (1945) ...................... 2

X

W. Bernard Carlson,

Pipelines are Controversial Now, But

One of the First Big Ones Helped Win

World War II, UVATODAY

(July 22, 2021),

https://tinyurl.com/jzhfdn2p .......................................... 1

INTRODUCTION

AND INTERESTS OF AMICI CURIAE

When America found itself thrust into a global conflict

during World War II, oil offered the means to fight.

Indeed, “[h]istorians of World War II have long

recognized that access to oil and energy supplies largely

determined the course of that conflict.” Energy’s Vital

Role in World War II Offers Vital Lessons for Today, AM.

OIL & GAS REP. (Oct. 2023), https://tinyurl.com/25n5azxw.

High-octane aviation gas—refined by Americans from

American crude—gave Allied planes the added

maneuverability and speed they needed to resist the

German offensive during the Battle of Britain. Americans

ultimately supplied six of the seven billion barrels of oil

used by the Allies during the war. See W. Bernard

Carlson, Pipelines are Controversial Now, But One of the

First Big Ones Helped Win World War II, UVATODAY

(July 22, 2021), https://tinyurl.com/jzhfdn2p. And this

2

“fountain” of oil for America contrasted with continuous

fuel scarcity in Germany, Italy, and Japan. See ROBERT

GORALSKI & RUSSELL W. FREEBURG, OIL & WAR 169,

332-33 (2021). Incredibly, “at no time did [American

armed forces] lack for oil in the proper quantities, in the

proper kinds and at the proper places.” U.S. PETROLEUM

ADMIN. FOR WAR, PETROLEUM IN WAR AND PEACE 204

(1945). So as Stalin himself recognized, “[t]he war was

decided by engines and octane.” GORALSKI & FREEBURG,

supra, at 67.

America’s oil-fueled victory was thanks in large part to

private industry. The federal government’s Petroleum

Administration for War, alongside related federal entities,

led the charge to supply the fuels for planes, tanks,

automobiles, and more. Yet “without the wholehearted

support of the [oil] industry, … th[is] petroleum war

program—upon which all other military and essential

civilian activities had to depend—could never have

succeeded as it did.” PETROLEUM ADMINISTRATION FOR

WAR, A HISTORY OF THE PETROLEUM ADMINISTRATION

FOR WAR: 1941-1945 55 (John W. Frey & H. Chandler Ide

eds. 1946).

Still, the companies’ work wasn’t an entirely volunteer

effort. The government exercised expansive control over

the oil industry during the war. “[C]ompanies that

‘weren’t making essential war materials’ were simply not

able to run their refineries.” Exxon Mobil Corp. v. United

States, No. CV H-10-2386, 2020 WL 5573048, at *12 (S.D.

Tex. Sept. 16, 2020) (quoting former chief counsel of the

Petroleum Administration for War). And “it was always

the role of Government to determine plans and policies, to

direct and supervise operations requisite to their

fulfillment, and to assume over-all governmental

3

responsibility for all aspects of the oil program.”

PETROLEUM ADMINISTRATION FOR WAR, supra, at 2.

This arranged marriage proved to be a success. When

it came to avgas, for instance, 75% of the nearly $1 billion

spent on the fuel came from industry, producing

“quantities which … would have been considered

miraculous a few years before.” GORALSKI & FREEBURG,

supra, at 183-84. But throughout the war, the government

remained firmly in the driver’s seat, as the avgas “was

manufactured for the government under government

direction, was sold to the government, and was used by the

government.” Bereslavsky v. Esso Standard Oil Co., 175

F.2d 148, 149 (4th Cir. 1949). Through contracts and

commands, “the Government exercised substantial

wartime regulatory control over almost every aspect of

the petroleum industry” at the time World War II avgas

was produced. Shell Oil Co. v. United States, 751 F.3d

1282, 1285 (Fed. Cir. 2014).

“Private industry demanded in return nothing more

than a fair and durable allocation of risk.” Robert M.

Howard & Shawn T. Cobb, Victory Through Production:

Are Legacy Costs of War Scuttling the “GOCO Model”?,

46 PUB. CONT. L.J. 259, 262 (2017). Wartime avgas efforts

required oil companies to “undertake extraordinary

modes of operation which were often uneconomical and

unanticipated at the time of refiners’ entry into their avgas

contracts.” Shell Oil, 751 F.3d at 1287 (cleaned up). So

the oil companies, having served their country in a time of

need, were not supposed to be left holding the bag for

those unanticipated burdens. Id. That promise was the

return for having subordinated their private interests to

the national interest in defense.

Now the promise is being broken. Oil companies did

much of their important work during World War II in

4

Texas and Louisiana. But the State of Louisiana and

several coastal parishes are trying to hold oil producers

liable for damages they blame on those wartime, avgasrelated activities, alongside many other decades of lawful

energy-production work in the Delta region. Louisiana

and its partners mean to sue the producers under a law

(the State and Local Coastal Resources Management Act

of 1978) that requires permits for certain post-1980

energy-related work. World War II, of course, came

decades earlier. So faulting the companies for failing to

secure a then-non-existent permit seems to be a

questionable endeavor at best. See, e.g., New Orleans

City v. Aspect Energy, LLC, 126 F.4th 1047, 1052 (5th Cir.

2025) (finding that an SLCRMA claim based on pipeline

canals that were acquired or constructed before 1980 was

“doomed”).

But merits of the case aside, Louisiana also insists that

these cases can’t even be heard outside its local courts.

It’s hard to conceive of a dispute with more federal

flavor—involving a subject of national interest (energy)

dictated by national authorities (civilian-military federal

personnel) with decidedly national consequences (victory

or loss in war). Even so, the majority below sided with

Louisiana by taking a cramped view of the federal-officer

removal statute and embracing an inappropriately

compartmentalized conception of the oil companies’

operations during the war. Although the States here are

no fans of overly expansive removal rights, the decision

below went too far.

The Court should reiterate that this war-driven dispute

belongs in federal court. The decision shows too little

fidelity to the removal statute’s text.

It also

misunderstands how avgas was produced, divorcing

upstream and downstream activities that are necessarily

5

interrelated. And if the Court embraces the Fifth

Circuit’s narrow approach to federal-officer removal, then

all manner of issues of serious import could be relegated

to state courts that prioritize local concerns over national

ones. Especially in the energy space, that choice would

prove disastrous.

The oil industry was there for America when America

needed it most, providing the “ammunition” for the war

machines that powered our troops to victory. Courts

shouldn’t now turn their backs on the industry merely

because that approach might facilitate a boost to local

governments’ troubled balance sheets. The Court should

reverse.

SUMMARY OF ARGUMENT

I. The majority below did not appropriately apply the

federal officer removal statute’s “relating to” provision.

That court inappropriately engrafted several additional

requirements onto the text, such as the need for an

express contractual provision speaking directly to the

challenged conduct and the mandate that the “related”

action be the only possible choice for fulfilling a federal

command. No ordinary understanding of the words

“relating to” supports that view. Beyond that, the Fifth

Circuit majority imagined a separation between upstream

and downstream oil activities that doesn’t exist.

Especially during wartime, exploration and production

were intimately connected with—and thus “related” to—

the refining work that these oil companies were

contracted to perform.

II. In construing the federal-officer removal statute,

the Court must keep its purposes top of mind. Among

other things, the statute was designed to ensure that

genuinely national issues were addressed by federal

6

courts. The issues here—concerning energy and our

national defense—are national in the truest sense. They

are an ill fit for state-court adjudication. And if the statute

is applied in the kind of feeble way the Fifth Circuit did

going forward, then state courts could well become a

means for individual states to warp national policy.

Really, that’s already happening today.

ARGUMENT

I.

The majority below wrongly narrowed the

“relating to” aspect of the federal-officer

removal statute.

A. The federal-officer removal statute—28 U.S.C.

§ 1442(a)(1)—represents a “congressional promise,” West

Virginia ex rel. Hunt v. CaremarkPCS Health, LLC, 140

F.4th 188, 194 (4th Cir. 2025), or a “legislatively-spawned

value judgment,” Gov’t of Puerto Rico v. Express Scripts,

Inc., 119 F.4th 174, 185 (1st Cir. 2024), that a person acting

under a federal officer may take any related disputes to

federal court. As an “incident of federal supremacy,”

Willingham v. Morgan, 395 U.S. 402, 405 (1969), the

removal provision assures that federal operations will not

face “interference” from “trial and liability in potentially

hostile state courts,” California by & through Harrison v.

Express Scripts, Inc., 139 F.4th 763, 770 (9th Cir. 2025);

see also Watson v. Philip Morris Cos., Inc., 551 U.S. 142,

150 (2007) (“State-court proceedings may reflect local

prejudice against unpopular federal laws or federal

officials.” (cleaned up)).

Given how the statute’s promise is “broad,” it also

mandates a “liberal construction.” Hunt, 140 F.4th at 194.

What’s more, “[g]eneral removal principles”—like the

presumption against removability that some lower courts

7

have embraced—are “inverted.” Maryland v. 3M Co., 130

F.4th 380, 388 (4th Cir. 2025); see also DeFiore v. SOC

LLC, 85 F.4th 546, 554 (9th Cir. 2023) (“Removal rights

under § 1442 thus are much broader than those under

section 1441.” (cleaned up)). And “[n]ot only must the

words of § 1442 be construed broadly[,] but a court also

must credit the defendants’ theory of the case.” Agyin v.

Razmzan, 986 F.3d 168, 175 (2d Cir. 2021) (cleaned up).

The court below seemed to understand these concepts

when it came to at least part of the statute: the “acting

under” requirement. Section 1442(a)(1) allows someone

other than the federal government to remove when they

are “acting under” a federal officer. The court saw that

the oil producers were doing just that when they produced

avgas. Pet.App.16. “Defendants here were federal

contractors that refined a product … that the government

needed to fight in World War II.” Pet.App.16. And given

that the government (at a minimum) controlled “the size

and manufacturing capacity of their refineries,” the

companies were “acting under” the federal government.

Id. Just as a company is “acting under” the federal

government when it builds military airplanes, Betzner v.

Boeing Co., 910 F.3d 1010, 1015 (7th Cir. 2018), so too is it

“acting under” the federal government when it makes the

avgas to fuel them.

Things fell apart when the Court considered whether

Louisiana and the parishes were challenging actions

“relating to” their federal actions. 28 U.S.C. § 1442(a)(1)

(“[A] person acting under [a federal] officer … [may

remove a suit] for or relating to any act under color of such

office.”). The majority thought the plaintiffs were

“target[ing] Defendants’ oil production and exploration

practices.” Pet.App.20. It then focused in on specific

contractual provisions that directed the companies to

8

refine oil into avgas—pointedly ignoring the

Government’s broader control of the oil industry in

general. Pet.App.21-26. But it concluded that the

challenged activities were not “relat[ed] to” the

contractual provisions because none of them specifically

addressed extraction of the crude. Pet.App.30. It so held

even though the “refinery activities” described in the

contracts concededly “have some relation to oil

production.” Pet.App.28.

The Fifth Circuit majority unduly narrowed the

“relating to” part of the statute—even though Congress

specifically “intended to broaden the universe of acts that

enable Federal officers to remove to Federal court” by

adding that language. H.R. Rep. No. 112–17, pt. 1, at 6

(2011).

For one thing, the phrase “relating to” is expansive.

One thing “relates” to another when the former has “some

connection to” or “stand[s] in relation to” the latter.

Relate, BLACK’S LAW DICTIONARY (12th ed. 2024)

(emphasis added). So in all kinds of contexts, the Court

has stressed that this language is exceptionally broad. A

state law “relates” to an ERISA plan, for instance, when

it “has a connection with or reference to such a plan.”

Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141, 147

(2001). In another preemption case, the Court described

how “Congress characteristically employs the phrase

[“relate to”] to reach any subject that has ‘a connection

with, or reference to,’ the topics the statute enumerates.”

Coventry Health Care of Mo., Inc. v. Nevils, 581 U.S. 87,

96 (2017).

Elsewhere, the Court has stressed how such language

“has a broad scope, and an expansive sweep, and that it is

broadly worded, deliberately expansive, and conspicuous

for its breadth.” Morales v. Trans World Airlines, Inc.,

9

504 U.S. 374, 384 (1992) (cleaned up); see also, e.g., Celotex

Corp. v. Edwards, 514 U.S. 300, 308 (1995) (holding that

“related to” jurisdiction in bankruptcy statute gave

“comprehensive jurisdiction” over “all matters connected

with the bankruptcy estate”). Conversely, one thing may

be not be “related” to another when they bear only a

“tenuous, remote, or peripheral” relationship. Rowe v.

N.H. Motor Transp. Ass’n, 552 U.S. 364, 371 (2008).

Note too how the statute says the removed action must

only relate to “any act under color of such office.” 28

U.S.C. § 1442(a)(1) (emphasis added). “[R]ead naturally,

the word ‘any’ has an expansive meaning, that is, ‘one or

some indiscriminately of whatever kind.’” Ali v. Fed.

Bureau of Prisons, 552 U.S. 214, 219 (2008) (cleaned up).

And pairing the word “any” with other generous terms

(like “relating to”) “has a broadening effect.” Patel v.

Garland, 596 U.S. 328, 338-39 (2022).

Here, the

combination confirms a degree of separation—removal is

not just warranted when it comes to actions premised on

(that is, “for”) acts taken under color of a federal office—

but also the other matters that “relate” to those actions.

The majority below effectively ignored the word “any”

and then folded the “relating to” portion of the statute into

the “for” part. Certainly, a specific federal directive

governing exploration and production (of the kind the

majority was hunting for) would have placed these suits

firmly in the “for” camp. But that wasn’t necessary for

removal. See Moore v. Elec. Boat Corp., 25 F.4th 30, 36

(1st Cir. 2022) (noting how federal-officer removal “does

not demand a showing of a specific government direction,

which goes well beyond the ‘relating to’ requirement.”

(cleaned up)); Baker v. Atl. Richfield Co., 962 F.3d 937, 944

(7th Cir. 2020) (“[T]he Companies did not need to allege

10

that the complained-of conduct itself was at the behest of

a federal agency.” (cleaned up)).

B. Now on to the application. Properly applying the

statute’s standards here, Petitioners frame the key

question the right way: are the exploration and production

activities challenged in the lawsuit “related to” the

refining activities covered in the companies’ federal

contracts?

As a general matter, exploration and production of

crude oil “relates” to its ultimate refinement. See, e.g.,

Former Emps. of Chevron Prods. Co. v. U.S. Sec’y of Lab.,

26 C.I.T. 1272, 1287 n.16 (2002) (describing two “separate

but related ‘production’ processes (one ‘upstream’ and the

other ‘downstream’): the exploration, drilling and

‘production’ of crude oil, or—alternatively—the

‘production’ of refined petroleum products”); accord

Jessica Kittleberger & Michael R. Barsa, No Place for

Morality: The Emerging Threat to Interstate Commerce

and the Extraterritoriality Principle, 57 CREIGHTON L.

REV. 491, 529 (2024) (describing how “production,

refining, and transportation” are “all tied to the immediate

production of the good—fuel—itself”). Exploration and

production, of course, provide the most essential input to

the refining process: crude. Refining cannot happen

without it. And “[t]he kind and quality of crude oil and

other liquids available as inputs” in turn determines “[t]he

details of a refinery’s operations[.]”

Joseph A.

Schremmer, Technical Operation of Refineries, 3 L. OF

ENVTL. PROT. § 29:179 (2024 update). Conversely,

refineries constitute the largest customers of crude oil; it’s

effectively never used in its unrefined state. The two

operations can’t exist apart from one another.

So a refinery must secure crude oil, and the process of

obtaining it necessarily “relates”—in the most central

11

way—to the refinery’s operations.

And indeed,

“[h]istorically, the major oil companies [have] treated the

refining activity as an integrated part of a production

stream that ran from exploration to final retail sale of

petroleum products.” ROBERT PIROG, CONG. RSCH.

SERV., RL32248, PETROLEUM REFINING: ECONOMIC

PERFORMANCE AND CHALLENGES FOR THE FUTURE 18

(2008); see also FTC, MERGERS IN THE PETROLEUM

INDUSTRY (1982), 1982 WL 623502, at *6 (“[A]ll of the

largest firms in the industry (the ‘majors’), and almost all

of the firms just below the ‘major’ category are fully

integrated and participate in all four levels of operation

[E&P, refining, transportation, and marketing].”). Put

differently, production and refining are two connected

links on the same supply chain; the majority was wrong to

declare them “two entirely separate operations.”

Pet.App.35.

Things were no different during World War II. In fact,

all the various “industry functions” had to be

“synchronized” to perform effectively, as the Petroleum

Administration for War recognized:

In so closely interrelated an industry as oil, such a

synchronization was indispensable, because action

taken in one field produces immediate reaction in

others. In order to increase refinery throughput,

for example, it is necessary to produce more crude

oil; and it is then necessary to make available the

transportation to move this crude oil to the

refineries, and move the products away.

PETROLEUM ADMINISTRATION FOR WAR, supra, at 110;

see also, e.g., Gerald D. Nash, Energy Crises in Historical

Perspective, 21 NAT. RES. J. 341, 347-49 (1981) (describing

how supply constraints with crude oil—not refinery

capacity—might have been the greater concern during the

12

war). In some ways that approach merely reflected the

natural state of the market even before the war, in which

oil supply-chain segments were “integrated into a small

number of international oil companies.” Llewelyn Hughes

& Austin Long, Is There an Oil Weapon? Security

Implications of Changes in the Structure of the

International Oil Market, 39 INT’L SEC. 152, 159 (2015).

Hence, the refining activities covered in the wartime

governmental contracts cannot be divorced from the

exploration and production activities that preceded them.

Certainly the Roosevelt administration didn’t perceive

them that way; rather, “producing oil” was viewed as “a

series of continuing, overlapping situations” that

“required simultaneous attention” and coordination

across “all phases of production.”

PETROLEUM

ADMINISTRATION FOR WAR, supra, at 185.

The record here bears that story out, as the companies

looked to their own crude oil fields to supply the refineries

governed by their government contracts. As Judge

Oldham explained below, “defendants satisfied their

contractual avgas obligations by increasing their own

exploration and production of crude.”

Pet.App.45

(Oldham, J., dissenting). Even the majority conceded that

at least some of the oil from Petitioners’ oil fields went to

Petitioners’ refineries. Pet.App.36. That refined oil then

directly fueled the war effort; a single Standard Oil

refinery in Baton Rouge, for instance, “fueled one in every

fifteen planes used in the war.” Jerry P. Sanson, World

War II Industrialization in Louisiana, 64PARISHES

(2023), https://tinyurl.com/2wwz5fvf; see also, e.g.,

Commander Paul B. Blackburn, Oil to Burn?, 74 U.S.

NAVAL INST. PROCEEDINGS 1482, 1484 (Dec. 1948) (noting

how “usage of petroleum” was greatly expanded even as

civilian use declined by about 14%); contra

13

Parishes.BIO.20 n.40 (contending that avgas production

did not drive increase in crude production).

The majority below mistakenly tried to create distance

between upstream and downstream activities by noting

that the Petroleum Administration for War decided when

and where to allocate crude oil to specific refineries. See

Pet.App.36 (suggesting that the “allocation program

severed any connection” between production and

refining). So it imagined a world in which the Petroleum

Administration did not allocate any of Petitioners’ own oil

to their refineries.

It then concluded that this

counterfactual shows the two are not related.

But while it might be true that the Petroleum

Administration was legally empowered to direct the crude

elsewhere, that’s not what happened. And cases turn on

reality, not imagination. Ultimately, Petitioners did use

their own oil as the key ingredient for their governmentcontrolled avgas operations. (No surprise, seeing as it was

a convenient input for these integrated companies.)

Anyway, individual refineries “were all treated as units in

one vast national refinery,” such that some diversion from

one to another would have been beside the point. Exxon

Mobil Corp. v. United States, 108 F. Supp. 3d 486, 495

(S.D. Tex. 2015). So the production of that oil did in fact

“relate” to the refining operations. Whether exploration

and production were “related to” refining in the

reallocation scenario the Fifth Circuit described was not a

question before the court.

The lower court majority was also wrong—both

factually and legally—to think that the exploration and

production activities were unrelated because the

companies could have instead bought oil from the “open

market” to refine. Pet.App.29-30.

14

Legally, the court seems to have incorrectly defined

“related” activities to reach only those things that were

the singular, necessary predicate to the acts under

federal control. Yet as explained above, no ordinary

understanding of “relating” requires such a constrained

view. Two distinct possibilities—buying oil or producing

it—can simultaneously “relate” to the ultimate act of

refining it.

Factually, the majority was wrong to assume that the

companies could have secured the necessary volumes of

crude at speed, volume, and price necessary to satisfy

their avgas contracts. The last assumption (on price) was

especially dubious. If the companies had chosen to stop

production and instead buy crude from others, the price

would have surely skyrocketed as avgas refiners

competed for a shrinking pool of oil. And all that assumes

sufficient quantities would have been available (which

ignores how more crude is needed to make higher-octane

fuels like avgas). See Pet.App.46 (Oldham, J. dissenting)

(“Without that increase [in production], it is unclear how

defendants could have met their contractual obligations

with the federal Government.”). Instead—necessity being

the mother of invention—“[o]il companies discovered 29

new Louisiana oil fields during the war,” and tapped those

and others to supply their refineries. NATIONAL WORLD

WAR II MUSEUM, THE PELICAN STATE GOES TO WAR:

LOUISIANA

IN

WORLD

WAR

II

5

(2017),

https://tinyurl.com/27pb6x2v.

***

The majority transformed the “relating to” standard

into the sort of direct-causation requirement that

Congress amended the statute to avoid. Under the

ordinary meaning of “relating to,” the companies’

exploration and production activities were “related” to

15

their governmentally directed refining work. By all

accounts, the two sets of activities were operationally

integrated,

economically

interdependent,

and

strategically coordinated as part of a unified wartime

mission. And if activities like these don’t satisfy the

statute, then it’s hard to imagine what would. As other

amici from all quarters have recognized, see, e.g.

Joint.Chiefs.Br.13-14, sending these suits back to State

court will empower local governments “hostile to the

Government” to impede crucial federal efforts in the exact

way the statute means to foreclose, Watson, 551 U.S. at

142-43. The Court should not countenance it.

II.

The Court should protect the paramount

national interest in energy.

A. In construing the federal-officer removal statute,

the Court should keep its animating purpose firmly in

mind: to protect the national interest. After all, Section

1442’s statutory predecessor was adopted as a response to

one state’s effort to “nullif[y]” national laws. Gay v. Ruff,

292 U.S. 25, 32 (1934). Thus, the Court should be

especially reluctant to construe the statute in a way that

would eject cases from federal court even though they

raise clear federal or national interests.

Federal courts are better positioned to deal with issues

of national import. Madison warned that “[c]onfidence”

cannot always “be put in the State Tribunals as guardians

of the National authority and interests.” 2 THE RECORDS

OF THE FEDERAL CONVENTION OF 1787 28 (Max Ferrand

ed., rev. ed. 1966); see also, e.g., THE FEDERALIST NO. 81,

547 (A. Hamilton) (J. Cooke ed. 1961) (“State judges,

holding their offices during pleasure, or from year to year,

will be too little independent to be relied upon for an

inflexible execution of the national laws.”) Indeed, “the

16

constitution itself supposes that they may not always be

worthy of confidence, where the rights and interests of the

national government are drawn in question.” Osborn v.

Bank of U.S., 22 U.S. 738, 811 (1824). “Local factionalism”

cannot be permitted to “pollute ‘the law of the Union.’”

Anthony G. Amsterdam & James S. Liebman, Loper

Bright and the Great Writ, 56 COLUM. HUM. RTS. L. REV.

54, 78 (2024) (quoting Madison); see, e.g., Wyoming v.

Livingston, 443 F.3d 1211, 1213, 1214 (10th Cir. 2006)

(discussing one state’s attempt to prosecute federal

agents for reintroducing wolves into a state that was

“heavily dependent on livestock” and thus “vehement[ly]

… opposed” the program).

At least when it comes to truly national issues, the

Framers were right to spot a difference between federal

and state courts.

Life tenure, salary guarantees,

appointment by the President and confirmation by the

Senate, and status as national officers provide nationaloriented checks that don’t exist in state courts. See Akhil

Reed Amar, A Neo-Federalist View of Article III:

Separating the Two Tiers of Federal Jurisdiction, 65

BOSTON UNIV. L. REV. 205, 235-38 (1985); accord Robert

N. Clinton, A Mandatory View of Federal Court

Jurisdiction: A Guided Quest for the Original

Understanding of Article III, 132 U. PA. L. REV. 741, 81214 (1984); see also Gulf Offshore Co. v. Mobil Oil Corp.,

453 U.S. 473, 483-84 (1981) (listing factors supporting

federal-court jurisdiction such as “the desirability of

uniform interpretation” and “the assumed greater

hospitality of federal courts to peculiarly federal claims”).

That’s not to say that state courts are somehow inferior—

the States here think well of their own courts and the

courts of others—but only that certain disputes are

sometimes better handled by one forum over another.

17

This case most obviously implicates America’s national

interest in energy production. According to Congress, “it

serves the national interest to increase petroleum refining

capacity … wherever located within the United States.”

42 U.S.C. § 15951(a)(1); see also, e.g., Rachel Hudson, One

Size Does Not Fit All Leases—It’s Time to Amend

Bankruptcy Code Section 365, 38 EMORY BANKR. DEV. J.

317, 345-46 (2022) (“When it comes to the oil and gas

industry as a whole, there is very little doubt that a federal

interest exists.”). The executive branch, too, has long been

“directly concerned both in encouraging rational

development and at the same time insuring the longest

possible life to the oil supply.” William Howard Taft,

Address to the National Conservation Congress in St.

Paul, Minnesota, THE AMERICAN PRESIDENCY PROJECT

(Sep. 5, 1910), https://tinyurl.com/4aw9nw47.

More

recently, President Trump has proclaimed that it is “in the

national interest to unleash America’s affordable and

reliable energy and natural resources,” oil included.

Unleashing American Energy, Exec. Order 14154, 90 Fed.

Reg. 8353, 8353 (Jan. 29, 2025); see also, e.g., Establishing

the National Energy Dominance Council, Exec. Order

14213, 90 Fed. Reg. 9945, 9945 (Feb. 14, 2025) (“We must

expand all forms of reliable and affordable energy

production.”). “Refineries along the Gulf Coast account

for more than 55% of total U.S. refining capacity.” U.S.

Gulf Coast Fuel Oil Imports at Record Low as Refiners

Opt for Heavier Crude, ENERGYNOW (July 7, 2025),

https://tinyurl.com/yc4ph2nm. So imposing liability on

these seemingly local operations really has a direct effect

on the national fuel supply.

This national interest in energy is tied directly to our

national security. Even in peacetime, the Department of

Defense is the “single largest consumer of energy in the

United States,” using tens of millions of gallons of fuel

18

each day. GREGORY J. LENGYEL, DEPARTMENT OF

DEFENSE ENERGY STRATEGY: TEACHING AN OLD DOG

NEW TRICKS 14 (2007), https://tinyurl.com/32smt7f8.

Military operations consume roughly 80% of all

government energy consumption. NETA C. CRAWFORD,

PENTAGON FUEL USE, CLIMATE CHANGE, AND THE COSTS

OF WAR 4 (Nov. 13, 2019), https://tinyurl.com/357dnw9e.

This demand only grows during times of war. So critical

military operations depend on the very sort of production

and refining activities targeted in these suits.

It’s almost a tautology to say that national security

issues like these give rise to a national interest. See Haig

v. Agee, 453 U.S. 280, 307, (1981) (“It is obvious and

unarguable that no governmental interest is more

compelling than the security of the Nation.” (cleaned up)).

And “the procurement of [military] equipment by the

United States is an area of uniquely federal interest,”

especially when “[t]he imposition of liability on

Government contractors will directly affect the terms of

Government contracts” by forcing contractors (like the oil

companies here) to either “raise [their] price[s]” or bail

from the obligation. Boyle v. United Techs. Corp., 487

U.S. 500, 507 (1988).

Yet even as it recognized that these energy-related

claims are deeply entangled with military matters, the

Fifth Circuit below seemed anxious to ship this case out of

a federal forum better able to grapple with such concerns.

But why? “Federal courts frequently decide cases raising

national security issues and are well equipped to handle

them.” Meshal v. Higgenbotham, 804 F.3d 417, 446 (D.C.

Cir. 2015) (Pillard, J., dissenting). In contrast, “[w]hen the

federal government acts within the field of its

constitutionally granted war powers, it is not subject to

interference from a state government or from state laws

19

since the federal government is supreme in all war

activities[.]” Lucas Martin, 78 AM. JUR. 2D WAR § 14 (May

2025 supp.). Sending such exceptional matters to state

court, then, is invitation for disaster.

Here, these principles aren’t academic; they’re playing

out in real time. Louisiana local courts are being asked

whether to greenlight serial windfalls from out-of-state

energy companies with whom the State already has

sometimes-fraught relationships.

See Julie Cart,

Louisiana’s Love-Hate Relationship With The Oil

Industry,

L.A.

TIMES

(Sept.

15,

2010),

https://tinyurl.com/3mm6s5y5.

Especially as some

parishes are still working their way back from the

destruction of Hurricane Katrina, a sudden influx of funds

is much needed. And one parish has already secured a

$744 million verdict, with 40 more cases to come. See

Casey Harper, Jury Verdict Against Oil Industry

Worries Critics, Could Drive Up Energy Costs,

HIGHLAND

COUNTY

PRESS

(Apr.

7,

2025),

https://tinyurl.com/vd7bpx52. Even the former Attorney

General of Louisiana—and now Governor—recognized

that “[t]he oil and gas industry developed the natural

resources of [Louisiana] in accordance with state and

federal laws.”

Jeff Landry, The Buddy System,

HOUMATODAY (Sept. 19, 2013) https://tinyurl.com/

msjujvxd. So litigation like this, he said, amounted to

“extortion,” “racketeering,” and an “ambulance-chasing

free-for-all.” Id. In other words, these cases are showing

how national interests can quickly fall by the wayside

when politics, local fiscal needs, and flush defendants come

together. See Michael Toth, A Bad Business on the

Bayou, WALL. ST. J. (Mar. 31, 2025), https://tinyurl.com/

48k6wwmy. And it can all happen because of the odd view

taken by the Fifth Circuit that federal refining is divorced

from oil production.

20

B. This case exemplifies a vast and troubling trend:

state courts positioning themselves as forums to override

national policy through nuclear verdicts, onerous

injunctions, and more. Louisiana dismisses concerns like

these—concerns about the obvious broader implications of

a narrower removal doctrine—as “pure lawyer-speak.”

Louisiana.BIO.17. But Louisiana is wrong. When state

courts can effectively nullify national energy policy

through ruinous verdicts, the constitutional balance

between state and federal authority breaks down. Each

State could then exercise a veto over any disfavored

energy source. Proper application of federal officer

removal doctrine provides a crucial check against this

overreach.

So-called climate-change litigation provides one

example of the problem. States, local governments, and

other anti-energy actors have been using any number of

state-law-based

theories—consumer

protection,

securities law, public nuisance, and more—to sue oil

companies. See Alabama v. California, 145 S. Ct. 757

(2025). But no matter the theory, the sought-after remedy

is largely the same: the plaintiffs want to punish energy

producers with crushing damage awards for activities that

were concededly lawful (and often federally endorsed) at

the time. Because at least some of these energy-related

activities bore a close nexus with federal officer-led

actions—such as sales of fuel to the military—defendants

sometimes sought to remove under the federal-officer

removal statute. See, e.g., City & Cnty. of Honolulu v.

Sunoco LP, 39 F.4th 1101, 1106 (9th Cir. 2022). Yet lower

courts largely rejected those efforts by applying a narrow

view of federal-officer removal.

Another case currently on the Court’s docket shows

how States are seeking injunctive relief against specific

21

pieces of energy infrastructure and then wielding

cramped conceptions of removal to ensure their claims are

heard in friendly forums. In Nessel on behalf of People of

Michigan v. Enbridge Energy, LP, 104 F.4th 958 (6th Cir.

2024), the State of Michigan sought to enjoin the operation

of a midstream pipeline across the Straits of Mackinac.

The pipeline’s operation tied in with all national and

international laws and agreements, so Enbridge removed.

Id. at 966. Yet the lower court dispensed with certain

usual principles of statutory construction and sent the

case back to state court. The Court has now granted

certiorari. Enbridge Energy, LP v. Nessel, No. 24-783,

2025 WL 1787715, at *1 (U.S. June 30, 2025). But there

again, we see national interests (energy security)

subjugated to more local ones (a waterway passage). And

unfortunately, similar efforts have even happened in the

States’ own backyards. See, e.g., McCurdy v. Mountain

Valley Pipeline, LLC, No. CIV.A. 1:15-03833, 2015 WL

4497407, at *7 (S.D.W. Va. July 23, 2015) (remanding

dispute over eminent domain rights connected to

interstate natural-gas pipeline).

Decisions like these reverse an earlier recognition that

energy-production activities, particularly those under the

direction of the federal government, do belong in federal

court; they can thus be removed under provisions like the

federal-officer removal statute. See, e.g., In re Methyl

Tertiary Butyl Ether Prods. Liab. Litig., 399 F. Supp. 2d

356, 367-68 (S.D.N.Y. 2005).

The problem is likely to only get worse. States like

Vermont and New York have passed laws that seek to

impose billions of dollars of retroactive, strict liability on

out-of-state energy producers. See N.Y. ENV’T CONSER.

LAW §§ 76-0101 to -0103; VT. STAT. tit. 10, §§ 596-599c.

Other states are considering similar laws. See NAT’L

22

CAUCUS OF ENV’TL LEGISLATORS, 2025 SUPERFUND

LEGISLATION (CLIMATE) (2025), https://tinyurl.com/

3enh4k2u. These jurisdictions appear to be trying to

“leverage the expense, risks, and burden to [the oil

companies] of defending [themselves] in multiple

jurisdictions” to secure a much-needed cash stream.

Chevron Corp. v. Donziger, 974 F. Supp. 2d 362, 475

(S.D.N.Y. 2014). Now play the tape through to the end: if

energy companies don’t just give in to the shakedown,

then they’re likely to find themselves sued in state courts.

And without effective pathways for removal, the story

playing out in Louisiana will repeat seriatim. The national

energy industry will be crippled.

At bottom, state courts have little business deciding

critical energy-related issues entangled with nationalsecurity concerns. Beyond concerns of institutional

competence, this ad hoc approach could upset the

carefully calibrated, cooperative federalism scheme that

currently governs energy and environmental matters. If

energy producers play by those rules, they shouldn’t have

to worry that they’ll nevertheless face potentially

catastrophic liability decades down the road when the

political winds change. In an increasingly competitive

global energy market, that’s too much to ask. Especially

so when they are supporting key federal operations.

And let’s be clear: the problem extends beyond energy.

If individual States can weaponize their own state-court

systems to attack out-of-state actors for things that were

nationally embraced as lawful and necessary at the time

they were done, then there’s no obvious limiting principle

to the power of States to regulate far beyond their own

borders. Federal courts stand as a bulwark against that

threat.

23

***

“A great many vexatious suits have been brought” in

which those working under federal officers “have been

pushed very hard and put to great hardships and expense

… for doing things … they were ordered to do and which

they could not refuse to do.” Cong. Globe, 39th Cong., 1st

Sess. 1880 (Apr. 18, 1866) (remarks of Sen. Clark). If the

Court doesn’t reverse the Fifth Circuit’s decision here,

then no doubt a great many more will be brought against

critical energy suppliers in the years to come.

CONCLUSION

The Court should reverse and remand with

instructions to allow this case to proceed in federal court.

Respectfully submitted.

JOHN B. MCCUSKEY

Attorney General

OFFICE OF THE

WEST VIRGINIA

ATTORNEY GENERAL

State Capitol Complex

Building 1, Room E-26

Charleston, WV 25305

mwilliams@wvago.gov

(304) 558-2021

MICHAEL R. WILLIAMS

Solicitor General

Counsel of Record

Counsel for Amicus Curiae State of West Virginia

24

ADDITIONAL COUNSEL

STEPHEN J. COX

Attorney General

State of Alaska

BRENNA BIRD

Attorney General

State of Iowa

CHRIS CARR

Attorney General

State of Georgia

CATHERINE HANAWAY

Attorney General

State of Missouri

MICHAEL T. HILGERS

Attorney General

State of Nebraska

GENTNER DRUMMOND

Attorney General

State of Oklahoma

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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