FARRELL-COOPER MIN. CO. v. U.S. DEPT. OF INTERIOR

No. 16-7061.

864 F.3d 1105 (2017)

FARRELL-COOPER MINING COMPANY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR; Sally Jewell, as the Secretary of The U.S. Department of the Interior; Office of Surface Mining Reclamation and Enforcement; Joseph Pizarchik, as the Director of the Office of Surface Mining Reclamation and Enforcement, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2017.


Attorney(s) appearing for the Case

Stan D. Smith , Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., Little Rock, Arkansas ( Brian A. Pipkin , Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., Little Rock, Arkansas, and Thomas J. McGeady , and Donna L. Smith , Logan & Lowry, Vinita, Oklahoma, with him on the briefs), for Plaintiff-Appellant.

John Emad Arbab , Attorney, United States Department of Justice, Washington, D.C. ( John Austin , of Counsel, United States Department of Interior, Knoxville, Tennessee, John C. Cruden , Assistant Attorney General, and Katherine J. Barton , Attorney, United States Department of Justice, Washington D.C., with him on the brief), for Defendants-Appellees.

Before KELLY, LUCERO, and McHUGH, Circuit Judges.


Under the Administrative Procedure Act ("APA"), agencies may require regulated parties to pursue administrative appeals before seeking review in federal court. But as the Supreme Court explained in Darby v. Cisneros, 509 U.S. 137, 113 S.Ct. 2539, 125 L.Ed.2d 113 (1993...

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