La. Pushes 5th Circ. To Return BP Spill Suit To State Court

Law360, New York (September 26, 2012, 5:16 PM EDT) -- The state of Louisiana on Monday urged the Fifth Circuit to overturn a federal district judge’s decision to remove from state court its wildlife protection claims against BP PLC over the Deepwater Horizon oil rig disaster, arguing the move was an unprecedented encroachment on states’ rights.

Attorneys for the state of Louisiana ripped BP's attempt to apply U.S. law to their state law claims, arguing that the federal Outer Continental Shelf Lands Act does not trump the Oilfield Pollution Act, which preserves a state’s right to...
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