New Orleans Maritime Attorney Published in “Following the Fifth”
Kathleen Charvet, an admiralty and maritime attorney in Galloway Johnson Tompkins Burr & Smith’s New Orleans office, has published an article in the inaugural edition of Following the Fifth, a new publication from the Bar Association of the Fifth Federal Circuit. With the U.S. Court of Appeals for the Fifth Circuit covering Texas, Louisiana, and Mississippi, Galloway attorneys are admitted to and practice before this court that shapes the regional and national legal landscape.
Charvet’s article focuses on noteworthy cases Plaquemines Parish v. BP America Production Company (5th Cir. 2024) and Chevron USA, Inc. v. Plaquemines Parish (U.S. June 16, 2025).
Summary
On June 16, 2025, the United States Supreme Court granted certiorari in Plaquemines Parish v. BP America Production Co., a Fifth Circuit decision that addresses the scope of federal officer removal under 28 U.S.C. 1442. The case is tied to the long-running Louisiana coastal litigation brought under the State and Local Coastal Resources Management Act (SLCRMA), in which several parishes allege environmental and coastal-zone damages linked to oil and gas operations.
Key Issue Before the Supreme Court
The central question is whether the “causal nexus” or “contractual direction” tests survived Congress’ 2011 amendment to section 1442, which added the “relating to” language, and whether a federal contractor can remove to federal court a lawsuit for activities related to a federal oil-refinement contract. The Supreme Court will also consider how courts should evaluate federal officer removal after the Fifth Circuit’s en banc decision in Latiolais v. Huntington Ingalls Inc. and whether a meaningful split exists among the circuits on this jurisdictional standard.
Background
More than forty SLCRMA suits were filed in Louisiana’s coastal parishes, including Plaquemines and Cameron. After multiple rounds of removals and remands based on federal question jurisdiction, the Outer Continental Shelf Lands Act, and federal officer removal, the Fifth Circuit concluded that although the oil and gas defendants “acted upon” a federal officer in producing and refining petroleum during World War II, but were unable to establish actions “relating to” instructions from federal officers, and so did not meet the federal officer removal test. Although the companies held World War II–era federal refinery contracts, the court found no sufficient connection between those contracts and the production activities challenged in the coastal-damage claims. A dissent argued that the majority’s analysis conflicted with Latiolais, particularly regarding how broadly courts should read the 2011 amendment.
What Comes Next
The Supreme Court’s review is expected to clarify the proper standard for federal officer removal, the effect of the 2011 statutory amendment, and the role of historical federal-industry contracting in removal jurisdiction. The outcome will directly affect federal jurisdiction arguments in the Louisiana coastal-zone cases and in other environmental and energy-related litigation nationwide, and broader implications for the limit and expanse of federal court jurisidiction. Briefing is underway, and the case will be argued before the Supreme Court on January 12, 2026.
Kathleen Charvet has more than 25 years’ experience advising and advocating for clients in Maritime and Longshore/Defense Base Act matters. She efficiently and collaboratively determines the best strategies for defending her clients’ interests. Charvet is a member of the Fifth Circuit Civil and Administrative Law Committee within the Bar Association of the Fifth Federal Circuit, in addition to several legal and civic organizations.
Galloway Johnson Tompkins Burr & Smith maintains the regional presence and accessibility for maritime law with offices along the Gulf and Atlantic coasts. For almost forty years, the Firm has understood and represented the specialized maritime industry and its complex legal issues.
