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ASH CREEK MIN. CO. v. LUJAN

No. 90-8009.

934 F.2d 240 (1991)

ASH CREEK MINING COMPANY, an Oklahoma Corporation, Plaintiff-Appellant, v. Manuel LUJAN, in his official capacity as Secretary of the United States Department of the Interior, and the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 6, 1991.

Attorney(s) appearing for the Case

Ben Aufill of Central and South West Services, Inc., Dallas, Tex. (Brent R. Kunz of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, Wyo., with him on the brief), for plaintiff-appellant.

Apphia T. Schley, Attorney, U.S. Dept. of Justice, Washington, D.C. (George W. VanCleve, Acting Asst. Atty. Gen., Washington, D.C., Richard A. Stacy, U.S. Atty., David A. Kubichek, Asst. U.S. Atty., Casper, Wyo., Gerald S. Fish and Martin W. Matzen, Attorneys, U.S. Dept. of Justice, Washington, D.C., with her on the brief), for defendants-appellees.

Before McKAY, ALDISERT and McWILLIAMS, Circuit Judges.

ALDISERT, Circuit Judge.

The doctrine of ripeness prevents federal courts from interfering with the actions of administrative agencies except when "a specific `final agency action' has an actual or immediately threatened effect." Lujan v. National Wildlife Fed'n, ___ U.S. ___, 110 S.Ct. 3177, 3191, 111 L.Ed.2d 695 (1990). The question before us is whether the United States Department of the Interior's decision to withhold the Ash Creek Coal Leasing Tract from...

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