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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

No. 10-85.

945 F.2d 1575 (1991)

In re DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. ATLANTIC RICHFIELD COMPANY AND EXXON CORPORATION v. STATE OF ALASKA and U.S. Department of Energy.

Temporary Emergency Court of Appeals.

Decided August 26, 1991.

Judgment Entered September 4, 1991.

Attorney(s) appearing for the Case

Joseph W. Kennedy and Gerald N. Capps, Morris, Laing, Evans, Brock and Kennedy, Wichita, Kansas, Edward de la Garza and Tom O. Foster, Exxon Co., U.S.A., Houston, Tex., Donald B. Craven, Emmett B. Lewis, Robert K. Huffman and Kathryn Bucher, Miller and Chevalier, Washington, D.C., F. Steven Mahoney and Peter J. Turner, ARCO Alaska, Inc., Anchorage, Alaska, Robert E. Jordan, III, Samuel T. Perkins and Alfred M. Mamlet, Steptoe and Johnson, Washington, D.C., were on the brief, for appellants.

Ellen Toll, Asst. Atty. Gen. and Charles E. Cole, Atty. Gen., State of Alaska, Anchorage, Alaska, James F. Flug, Lobel, Novins, Lamont and Flug, Washington, D.C., and John R. Messenger, Preston, Thorgrimson, Shidler, Gates and Ellis, Anchorage, Alaska, were on the brief, for appellee State of Alaska.

Before GRANT, METZNER and PECK, Judges.

GRANT, Judge.

Appellants Exxon Corporation [Exxon] and Atlantic Richfield Co. [ARCO] appeal from the district court's dismissal, for lack of subject matter jurisdiction, of their motion to enforce the obligations of appellee the State of Alaska under the Final Settlement Agreement [FSA or Agreement]. The oil companies contend that the district court had subject matter jurisdiction to consider FSA violations and should have issued both declaratory and injunctive relief...

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