Great to join a GMU Scalia Law panel this week to discuss Chevron v. Plaquemines Parish, including the key takeaways from Justice Thomas's majority opinion.
As I explain, to remove a case to federal court under the Federal Officer Removal Statute, three elements must be met:
— You must be acting under a federal officer
— The suit must be for, or relate to, an act under color of federal law
— You must be able to assert a colorable federal defense
However, Plaquemines only really addressed the second element. So while these cases should all be removed to federal court, there will likely be more litigation moving forward to get there.