Chevron USA Inc. v. Plaquemines Parish · ¶62
Since 1948, Congress has authorized federal officers, and people acting under federal officers, to remove lawsuits brought “for any act under color of [federal] office.” Act of June 25, 1948, § 1442(a)(1), 62 Stat. 938. We interpreted this statutory language to require “a causal connection between the charged conduct and asserted official authority.” Will ingham v. Morgan, 395 U. S. 402, 409 (1969) (internal quotation marks omitted). In other words, we held that the federal directive giving rise to the authority to act must be a but-for cause of the conduct challenged by the lawsuit. See Maryland v. Soper, 270 U. S. 9, 33 (1926) (explaining that, under a similar statute, a federal official could remove a prosecution to federal court if the case was “based on or arises out of the acts he did under authority of federal law in the discharge of his duty and only by reason thereof”); accord,…Read in context ›
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