Plaquemines Parish v. Chevron USA — Fifth Circuit vacated the state-court remand and sent the case back to the district court

Case
Plaquemines Parish; Louisiana State ex rel. Elizabeth B. Murrill; and Louisiana State through the Louisiana Department of Natural Resources, Office of Management v. Chevron USA Holdings, Inc.; Chevron USA, Inc.; and Atlantic Richfield Co.
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Elrod; Clement; Oldham
Date Decided
August 24, 2026
Docket No.
23-30336
Topics
Removal; Remand; State-Court Injunction
Source
Read the full opinion

Background

Plaquemines Parish brought the case against Chevron-related entities and Atlantic Richfield Company. Louisiana, through state officials and the Louisiana Department of Natural Resources, intervened as a plaintiff.

The federal district court remanded the case to state court. While the defendants’ appeal was pending, the Supreme Court decided Chevron USA Inc. v. Plaquemines Parish, 608 U.S. —, 146 S. Ct. 1052 (2026).

The Court’s Holding

In light of the Supreme Court’s decision, the Fifth Circuit vacated the district court’s remand order and returned the case to the district court for proceedings consistent with the Supreme Court’s opinion. The court expressly declined to address the merits and left all issues for the district court to consider in the first instance.

The Fifth Circuit enjoined state-court proceedings for 60 days unless the court extends or terminates the injunction, and it denied all pending motions as moot. Judge Oldham dissented in part; he would have decided the appeal rather than remanding it to the district court.

Key Takeaways

  • The district court’s order remanding the case to state court was vacated.
  • The district court must address the remaining issues in the first instance under the Supreme Court’s 2026 decision.
  • State-court proceedings are enjoined for 60 days unless the Fifth Circuit changes the injunction, and Judge Oldham would have resolved the appeal instead of remanding.

Why It Matters

The order returns the dispute to federal district court without resolving its merits. It also temporarily prevents parallel state-court proceedings while the district court considers the case under the Supreme Court’s intervening guidance.

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