On June 23, 2021, WLF filed an amicus brief urging the Second Circuit to reverse a decision remanding to state court a suit filed by residents of Niagara Falls. WLF’s brief focused on why the Second Circuit should join the Fifth, Seventh, and Tenth Circuits in recognizing the revival doctrine, which permits removal when the plaintiff substantially changes the suit by amending the complaint. Because the defendants here remedied the four CERCLA sites under four different consent decrees, the case both raises a federal question and was removable under the federal-officer removal statute. To prevent plaintiffs from gaming the system by holding back meritorious claims, WLF urges the Second Circuit to join its sister circuits by applying the revival doctrine.


WLF brief