The State of Illinois filed a lawsuit against defendant, which operates manufacturing facilities in the state, alleging violations of the Illinois Environmental Protection Act, Illinois Fish and Aquatic Life Code, and the Illinois Wildlife Code. The State also brought claims under several common law theories. Defendant removed the action to federal district court citing the federal officer removal statute and the plainitiff moved to remand the case back to state court. The district granted the plaintiff’s motion and defendant appealed. The Seventh Circuit affirmed, finding that the defendant could not satisfy the fourth element of the four-factor test for removal under the federal officer removal statute where it could not present a colorable federal government contractor defense because that defense was irrelevant under the plaintiff’s theory of recovery. (ST. EVE And KOLAR, concurring)
Federal 7th Circuit Court
Civil Court
Federal Jurisdiction