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TRAPPER MIN. INC. v. LUJAN

Nos. 89-1372, 90-8025.

923 F.2d 774 (1991)

TRAPPER MINING INC., Plaintiff-Appellant, v. Manuel LUJAN, Jr., Neil Morck, Bruce Harris, and R.W. Mullin, Defendants-Appellees. WYODAK RESOURCES DEVELOPMENT CORP., Plaintiff-Appellee, v. Manuel LUJAN, Jr., Secretary of the Department of Interior; and William H. Lee, Chief, Branch of Mining Law and Solid Minerals, Wyoming State Office Bureau of Land Management, United States Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 15, 1991.

Attorney(s) appearing for the Case

Richard L. Fanyo (Sasha A. Karpov, with him on the briefs), of Welborn Dufford Brown & Tooley, P.C., Denver, Colo., for plaintiff-appellant Trapper Mining Inc.

Evelyn Ying, Dept. of Justice (Myles E. Flint, Deputy Asst. Atty. Gen., Martin W. Matzen and Jean A. Kingrey, Dept. of Justice, Steve Brown and Lyle Rising, Dept. of the Interior, Washington, D.C., with her on the brief), Washington, D.C., for defendants-appellees Manuel Lujan, Jr., et al.

Evelyn Ying, Dept. of Justice (George W. Van Cleve, Acting Asst. Atty. Gen., Martin W. Matzen and Jean A. Kingrey, Dept. of Justice, Steve Brown and Lyle Rising, Dept. of the Interior, Washington, D.C., with her on the briefs), Washington, D.C., for defendants-appellants Manuel Lujan, Jr., et al.

Timothy L. Thomas of Morrill Brown & Thomas, Rapid City, S.D., for plaintiff-appellee Wyodak Resources Development Corp.

Before LOGAN and MOORE, Circuit Judges, and GREENE, District Judge.

JOHN P. MOORE, Circuit Judge.

In this consolidated appeal, the question before us is whether the Federal Coal Leasing Amendments Act (FCLAA) automatically converts the twenty-year readjustment interval in pre-FCLAA coal leases to ten-year intervals at the first post-FCLAA readjustment date. In a suit brought by Trapper Mining Inc., the United States District Court for the District of Colorado concluded that it does. Faced...

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