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WESTERN FUELS-UTAH, INC. v. LUJAN

Nos. 88-5417 through 88-5419.

895 F.2d 780 (1990)

WESTERN FUELS-UTAH, INC., Appellant, v. Manuel LUJAN, Jr., Secretary of the United States Department of the Interior, Appellee. PEABODY COAL COMPANY, et al., Appellants, v. Manuel LUJAN, Jr., Secretary of the United States Department of the Interior, Appellee. COLOWYO COAL COMPANY, Appellant, v. Manuel LUJAN, Jr., Secretary of the United States Department of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 1990.

Attorney(s) appearing for the Case

John F. Shepherd, Denver, Colo., with whom Kenneth D. Hubbard, Washington, D.C., for Peabody Coal Co., et al., Charles L. Kaiser, Denver, Colo., and Thomas P. Humphrey, Washington, D.C., for Colowyo Coal Co. were on the joint brief for appellants, in Nos. 88-5418 and 88-5419.

Charles F. Holum, Denver, Colo., with whom Edward Weinberg, Washington, D.C., was on the brief for appellant, Western Fuels-Utah, Inc. in No. 88-5417.

Jean A. Kingrey, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen. and Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellee in all cases.

William L. Slover and John H. LeSeur for City of Colorado Springs, Colo., and Central Power & Light Co., Kenneth G. Lee, Washington, D.C., for Colorado-Ute Electric Ass'n, Inc., were on the joint brief for amici curiae urging reversal in all cases.

John R. McNeill and J. David Reed, Montrose, Colo., also entered appearances for amici curiae, Colorado-Ute Elec. Ass'n, Inc., in No. 88-5419.

Before WALD, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The appellants in these consolidated cases hold leases granting them the right to mine coal on federal lands. They seek review of the district court's decision upholding the Bureau of Land Management's ("BLM") readjustments of their leases. The appellants challenge first the BLM's decision that it was compelled to apply the Federal Coal Leasing Amendments Act of 1976 ("FCLAA") to their leases...

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