Enbridge Energy, LP v. Nessel · ¶27

Exceptions to § 1446(b)(1)'s 30-day deadline outside of § 1446 drive home the point. For actions against foreign states, Congress specifically allowed “the time limitations of section 1446(b) . . . [to] be enlarged at any time for cause shown.” § 1441(d). So too for actions involving certain intellectual-property rights. See § 1454(b)(2). For certain cases involving fatal accidents, removal generally “shall be made in accordance with section 1446 . . . except that,” as to timing, an action may be removed “at a later time with leave of the district court.” § 1441(e)(1). Each of these provisions explicitly incorporates § 1446(b)(1)'s time limit but modifes it to allow equitable, case-specific exceptions. Each provision would be inexplicable and unnecessary, however, if Congress already understood § 1446(b)(1) to contain a crosscutting rule allowing equitable tolling.

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