Chevron USA Inc. v. Plaquemines Parish · ¶75
The nature of presuit discovery proceedings necessitated such confirmation. Presuit discovery proceedings seek to get information, not to accuse the target of engaging in unlawful conduct. Thus, to describe a subpoena or a deposition as being “for” unlawful conduct is factually inaccurate. If the statute permitted removal of only those proceedings that are “for” federally directed conduct, then arguably that statutory provision would not authorize removal of presuit discovery proceedings. But presuit discovery proceedings are “related to” a defendant's federally directed conduct. See Brief for Former Governor John Bel Edwards as Amicus Curiae 12–13. So, “[b]ecause the amended § 1442 would now include proceedings that do not seek to impose civil liability or a criminal penalty on the federal officer, [the statute] allows removal not only in proceedings `for' acts under color of the…Read in context ›
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