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ROWELL v. ANDRUS

No. 78-1466.

631 F.2d 699 (1980)

Dean ROWELL, Al T. Hayes, Lee Jorgensen, D. R. Gaither, R. S. McKnight, William A. Stevenson, Robert L. Healy, and Robert B. Mee, Plaintiffs-Appellants, v. Cecil ANDRUS, Individually and in his capacity as Secretary of the Department of the Interior of the United States; Curt Berklund, Individually and in his capacity as Director of the Bureau of Land Management; Paul L. Howard, individually and in his capacity as State Director of the Bureau of Land Management, Utah; Lexy Pollick, Individually and in her capacity as Chief, Minerals Section, Utah State Office, Bureau of Land Management; Gerald E. Petty, Individually and in his capacity as Acting Associate Director, Bureau of Land Management; Jack O. Horton, individually and in his capacity as Assistant Secretary of the Department of the Interior of the United States; Thomas Kleppe, individually and in his capacity as Secretary of the Department of the Interior of the United States, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 6, 1980.

Attorney(s) appearing for the Case

Richard A. Rappaport of Cohne, Rappaport & Segal and Calvin L. Rampton of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, for plaintiffs-appellants.

Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Ronald L. Rencher, U. S. Atty., Wallace Boyack, Asst. U. S. Atty., Salt Lake City, Utah, and Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for defendants-appellees.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

This action by the plaintiffs-appellants challenges the validity of an amended Department of Interior regulation which increased annual non-competitive oil and gas lease payments from 50¢ to $1.00 per acre. 43 C.F.R. § 3103.3-2 (1977). The suit also questions the lawfulness of the Department's actions in implementing the amended regulation and handling pending lease applications of the plaintiffs.

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