South Carolina Environmental Law Project et al v. Dilliard

Filing 31

ORDER granting 8 Motion to Remand to State Court. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Patrick Michael Duffy on 1/18/2017.(adeh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
South Carolina Environmental Law
Project and Amy E. Armstrong,

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Plaintiffs,
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v.
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Scott Dilliard,
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Defendant.
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C.A. No.: 2:16-cv-3405-PMD
ORDER

This matter is before the Court upon removal from South Carolina state court. Plaintiffs
have filed a motion to remand (ECF No. 8). Plaintiffs ask the Court to remand the case to state
court and to award them expenses they incurred as a result of the removal. Defendant consents
to remand but opposes the requested expenses award.
Because the parties consent, the Court will remand the case. However, the Court declines
to award expenses to Plaintiffs. Defendant removed the case on the basis that the Court had
jurisdiction pursuant to 28 U.S.C. § 1331. Although Defendant’s stated reason for believing
there was § 1331 jurisdiction is clearly unsound, removal in reliance on § 1331 was nonetheless
objectively reasonable because Plaintiffs labeled one of their causes of action “Libel—
Constitutional Claim,” thus indicating they intended to base that claim on the federal
Constitution.
It is therefore ORDERED that this matter is REMANDED to the Court of Common
Pleas for Georgetown County, South Carolina and that the expense award request is DENIED.
AND IT IS SO ORDERED.

January 18, 2017
Charleston, South Carolina