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H.R. 9219IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 6 · H.R. 9219

Mandatory removal of state civil actions involving certified infrastructure

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(a) Removal Any covered action that is commenced in a State court shall be removable to the United States district court for the district in which the certified infrastructure is principally located or, at the election of the operator, to the United States district court for the district in which the operator maintains its principal place of business. The operator or the United States may file a notice of removal under this section not later than 60 days after service of the initial pleading or any subsequent pleading first raising a claim involving certified infrastructure. (b) Effect of removal Upon removal under this section— (1) the State court shall have no further jurisdiction over any aspect of the covered action; (2) any temporary restraining order, preliminary injunction, or other relief issued by the State court prior to removal shall be reviewed de novo by the Federal district court within 10 days of removal; and (3) the Federal district court shall apply Federal law to all claims in the covered action. (c) Operator standing For purposes of this section, the operator of certified infrastructure shall have standing to remove any covered action and to appear as a party in interest in any Federal proceeding arising from a covered action involving the certified infrastructure, without regard to whether the operator is a named party in the original State court action. (d) Exclusive venue for future federal covered actions Any civil action brought in a United States district court by a State, political subdivision of a State, Tribal government, or other governmental entity that constitutes a covered action shall be brought exclusively in the United States district court for the district in which the operator maintains its principal place of business. Any such action filed in any other United States district court shall be transferred to such proper court upon motion of the operator or the United States, without regard to the convenience of the parties or witnesses. No United States district court other than the court designated by this subsection shall have jurisdiction over a covered action brought by a governmental entity after the date of enactment of this subtitle.

Sec. 6: Mandatory removal of state civil actions involving certified infrastructure · Public Law Tracker