Port of Corpus v. Port of Corpus, No. 22-40124 (5th Cir. 2023)
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The Port of Corpus Christi Authority of Nueces County, Texas (a governmental entity), sued The Port of Corpus Christi, L.P.(a private entity) and Kenneth Berry in state court. The claims were for trespass and encroachment on its submerged land that resulted from dredge operations occurring in a ship channel. Defendants removed the case, but the district court remanded, holding there was no basis for removal either under the federal officer removal statute or due to a federal question.
The Fifth Circuit affirmed, holding that the district court did not err in denying removal on the basis of the federal officer removal statute. Further, the court explained that it agreed with the district court that the Port Authority’s complaint “disclaims any issue regarding permit compliance, stating its claim exclusively in terms of Texas state law: common law trespass.” The Port Authority did not allege a violation of either the Clean Water Act or the Rivers and Harbors Act.
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