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City of Brunswickv.Honeywell International, Inc.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.23-13200
DecidedAugust 3, 2026
JudgesBranch, J.; Luck, J.; Lagoa, J.
Tags
Environmental LawCERCLAFederal CourtsFederal Officer RemovalFederal PreemptionGeorgia LawRemand
Case Summary

The City of Brunswick sued Honeywell International and Georgia Power in Georgia state court over mercury and PCB pollution allegedly affecting city property near a former industrial site. The defendants removed the case under the federal officer removal statute, arguing that their remediation work was performed under EPA direction. The Eleventh Circuit held that the EPA-mandated consent decree gave the defendants a significant relationship with, and authority from, a federal agency; the City’s nuisance and trespass claims were related to the federally directed remediation; and the defendants had raised a colorable federal preemption defense.

Opinion

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