5th Circ. Says BP Toxic Waste Suit Belongs In Federal Court

Law360 (February 25, 2021, 5:37 PM EST) -- The Fifth Circuit on Wednesday reversed a Louisiana federal judge's decision to send a case back to state court, finding that the district court was wrong to abstain from hearing the suit, filed by a ranch seeking to get BP to pay for a cleanup of an oil pit it once owned.

In its published opinion, the three-judge panel said U.S. District Judge James D. Cain of the Western District of Louisiana wrongly abstained from hearing the lawsuit from Grace Ranch LLC, an owner of property in Jefferson Davis Parish, Louisiana, that was once home to BP's unlined oil pits, allegedly...

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