WESTERN ENERGY CO. v. DEPT. OF INTERIOR

No. 90-35356.

932 F.2d 807 (1991)

WESTERN ENERGY COMPANY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1991.


Attorney(s) appearing for the Case

James A. Poore, III, Poore, Roth & Robinson, Butte, Mont., for plaintiff-appellant.

Evelyn S. Ying, Appellate Section, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before WIGGINS, BRUNETTI and NELSON, Circuit Judges.


THOMAS G. NELSON, Circuit Judge:

In this appeal from a judgment of the district court upholding the Secretary of the Interior's amendments to Western Energy Company's coal lease, we hold that the 1976 amendments to the Mineral Lands Leasing Act of 1920 apply to leases issued prior to 1976. In doing so, we join with the courts of appeals for the District of Columbia Circuit and the Tenth Circuit.

I. BACKGROUND

The Tenth and D.C. Circuits have decided...

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