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ARKLA EXPLORATION CO. v. TEXAS OIL & GAS CORP.

Nos. 82-2228, 82-2386, 83-1586 and 83-1682.

734 F.2d 347 (1984)

ARKLA EXPLORATION COMPANY and State of Arkansas, Appellees, v. TEXAS OIL & GAS CORP., Appellant. James G. Watt, Secretary of Interior. (Two cases). ARKLA EXPLORATION COMPANY and State of Arkansas, Appellees, v. TEXAS OIL & GAS CORP., James G. Watt, Secretary of Interior, Appellant. (Two cases).

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1984.

Attorney(s) appearing for the Case

F. Henry Habicht, II, Acting Asst. Atty. Gen., W. Asa Hutchinson, U.S. Atty., Fort Smith, Ark., Anne S. Almy, Michael W. Reed, Robert L. Klarquist, Attys., Dept. of Justice, Washington, D.C., for appellant; Mark K. Seifert, Atty., Dept. of the Interior, Washington, D.C., of counsel.

Jim Guy Tucker, Mitchell, Williams, Selig, Jackson & Tucker, Little Rock, Ark., Robert Roberts, III, Blanchard, Walker, O'Quin & Roberts, Shreveport, La., Alan S. Novins, Lee Ellen Helfrich, Paula Dinerstein, Lobel, Novins & Lamont, Washington, D.C., for appellees.

Before LAY, Chief Judge, and JOHN R. GIBSON and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Under the Mineral Lands Leasing Act (MLA), 30 U.S.C. §§ 181-287, before government lands may be leased for oil or gas exploration without competitive bidding, the Secretary of the Interior (the Secretary) must determine that the lands are not within a "known geological structure of a producing oil or gas field" (KGS). Id. at § 226. At issue in this case is whether the Secretary made a proper KGS determination before granting...

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