Suncor Energy (U.S.A.) Inc., et al. v. Board of County Commissioners of Boulder County, et al.

Section 1447(d) of Title 28 of the United States Code generally precludes appellate review of an order remanding a removed case to state court. But Section 1447(d) expressly provides that an “order remanding a case * * * removed pursuant to” the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443, “shall be reviewable by appeal or otherwise.” Some courts of appeals have interpreted Section 1447(d) to permit appellate review of any issue encompassed in a district court’s remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes; other courts of appeals, including the Tenth Circuit in this case, have held that appellate review is limited to the federal-officer or civilrights ground for removal. The question presented, which is also presented in BP p.l.c. v. Mayor & City Council of Baltimore, No. 19-1189 (to be argued Jan. 19, 2021), is as follows: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civilrights removal statute, 28 U.S.C. 1443. (I)