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ROCKY MOUNTAIN OIL AND GAS ASS'N v. WATT

Nos. 81-1040, 81-1041.

696 F.2d 734 (1982)

ROCKY MOUNTAIN OIL AND GAS ASSOCIATION, Plaintiff-Appellee, v. James G. WATT, Secretary of the Interior, et al., Defendants-Appellants, and Sierra Club, Natural Resources Defense Council, National Wildlife Federation, and Wilderness Society, Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 25, 1983.

Attorney(s) appearing for the Case

Thomas H. Pacheco, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., Carolyn P. Osolinik and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D.C., with him on the brief), for defendants-appellants.

Laurens H. Silver of Sierra Club Legal Defense Fund, Inc., San Francisco, Cal. (John Wiener, Laramie, Wyo., with him on the brief), for intervenors-appellants.

Pamela A. Ray, Denver, Colo. (Craig R. Carver, Denver, Colo., with her on the brief), of Head, Moye, Carver & Ray, Denver, Colo., for plaintiff-appellee.

Mary Jane C. Due, Washington, D.C., filed an amicus curiae brief for American Mining Congress.

Before DOYLE, McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

In this case, plaintiff Rocky Mountain Oil and Gas Association (RMOGA) challenged the Department of the Interior's interpretation of section 603(c) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1782(c) (1976) (FLPMA or Act), as it relates to oil and gas activity on public lands under federal lease. RMOGA sought declaratory and injunctive relief barring Interior's application of a "nonimpairment" standard of protection...

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