Plaquemines Parish v. Chevron USA

Case: 23-30336 Document: 248-1 Page: 1 Date Filed: 08/24/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 23-30336 August 24, 2026 ____________ Lyle W. Cayce Clerk Plaquemines Parish, Plaintiff—Appellee, Louisiana State, ex rel. Elizabeth B. Murrill; Louisiana State, through Louisiana Department of Natural Resources, Office of Management, Dustin Davidson, Secretary, Intervenor Plaintiffs—Appellees, versus Chevron USA Holdings, Incorporated, named as successor in interest to Texaco E & P, Incorporated, and Texaco, Incorporated; Chevron USA, Incorporated, named as successor in interest to The California Company; Texas Company; Atlantic Richfield Company, named as successor in interest to Arco Oil and Gas Company Division of Atlantic Richfield Company, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:18-CV-5189 ______________________________ Case: 23-30336 Document: 248-1 Page: 2 Date Filed: 08/24/2026

No. 23-30336 Before Elrod, Chief Judge, and Clement and Oldham, Circuit Judges.

Per Curiam: * In light of the Supreme Court’s decision in Chevron USA Inc. v. Plaquemines Parish, 608 U.S. ---, 146 S. Ct. 1052 (2026), we VACATE the district court’s order remanding this case to state court and REMAND to the district court for proceedings consistent with the Supreme Court’s opinion. We express no view on the merits of this case and leave all issues to be addressed by the district court in the first instance.

State court proceedings in this case are ENJOINED. This injunction shall last for 60 days unless extended or terminated by this court.

All pending motions are DENIED as moot.

Judge Oldham respectfully dissents in part. He would decide the appeal rather than remand the case.