Stewart v. Entergy Corp.

The Fifth Circuit Court of Appeals affirmed an order remanding to Louisiana state court a class action lawsuit brought by individuals who alleged that Entergy Corporation and related entities (Entergy) negligently designed, operated, and maintained the electricity transmission system, which led to power outages in the wake of Hurricane Ida. The plaintiffs’ allegations included that Entergy was aware of climate change and aware that Louisiana was experiencing more hurricanes and other severe weather. The plaintiffs also alleged that Entergy failed to take actions in response to deficiencies identified in a 2007 “Hardening Study.” In its opinion affirming the remand order, the Fifth Circuit held that the Class Action Fairness Act’s (CAFA’s) local controversy and home state exceptions barred federal jurisdiction. The court also held that it lacked jurisdiction to review other asserted grounds for federal jurisdiction. (The Fifth Circuit concluded that the Supreme Court’s decision in <a href="https://climatecasechart.com/wp-content/uploads/case-documents/2021/20210517_docket-19-1189_opinion.pdf">BP p.l.c. v. Mayor & City Council of Baltimore</a> extending appellate review to the entire remand order when one ground for removal is the federal officer removal statute or the civil rights removal statute did not expressly or implicitly overrule Fifth Circuit precedent barring appellate review of non-CAFA-related grounds for removal.)