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CHEVRON U.S.A., INC. v. U.S.

Nos. 90-5053, 90-5151.

923 F.2d 830 (1991)

CHEVRON U.S.A., INC., Pennzoil Co., Pogo Producing Co., Phillips Petroleum Co., Shell Offshore, Inc., Mobil Oil Corp., Mobil Oil Exploration & Producing Texas & New Mexico, Inc., Mobil Exploration & Producing North America Inc., Exxon Company, U.S.A., a Division of Exxon Corporation, Amoco Production Company and Columbia Gas Development Corporation, Conoco, Inc., Plaintiffs-Appellees, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 4, 1991.

Attorney(s) appearing for the Case

Thomas J. Eastment, Baker & Botts, Washington, D.C., argued for plaintiffs-appellees. With him on the brief were Michael E. Coney, Shell Offshore, Inc., J. Berry St. John, Jr. and George J. Domas, Liskow & Lewis, Marshall Taylor Darden, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., and Ernest J. Altgelt, III, Conoco, Inc., Houston, Tex. Of counsel was Drew J. Fossum, Baker & Botts, Washington, D.C.

Elizabeth Ann Peterson, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were Richard B. Stewart, Asst. Atty. Gen., George W. Van Cleve, Acting Asst. Atty. Gen., Margaret M. Sweeney, and John A. Bryson. Also on the brief was Howard W. Chalker, Dept. of the Interior, Washington, D.C., of counsel.

Before NIES, Chief Judge, LOURIE and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States appeals from the judgment of the United States Claims Court, Chevron U.S.A., Inc. v. United States, 17 Cl.Ct. 537 (1989), granting the claims of appellee natural gas producers for refunds of excessive royalties paid on Government leases. The Government asserts that the Claims Court erroneously overturned the final decision of the Department of Interior Board of Land Appeals holding that all of the asserted requests for...

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