Enbridge Energy, LP v. Nessel · ¶28

Stepping beyond the removal of civil cases, Congress's treatment of removal in criminal proceedings provides additional confirmation that Congress did not want equitable tolling under § 1446(b)(1). Under § 1455(b)(1), a criminal defendant with a removable case must generally remove within “30 days after the arraignment in the State court,” but “for good cause shown [a court] may . . . gran[t] the defendant or defendants leave to file the notice at a later time.” In criminal cases, Congress thus did grant federal courts a broad, generally applicable power to allow late removals. For civil cases, by contrast, Congress did not provide courts with a similar general power to extend the 30-day removal deadline. Instead, through the limited exceptions discussed above, Congress specified the cases in which it wanted to authorize equitable tolling. Enbridge's position would eliminate the…

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