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EXXON CORP. v. LUJAN

No. 90-8036.

970 F.2d 757 (1992)

EXXON CORPORATION, Plaintiff-Appellant, v. Manuel LUJAN, Secretary of the United States Department of Interior, and the United States Department of Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1992.

Attorney(s) appearing for the Case

Marcelle Shoop of Holland & Hart, Cheyenne, Wyo. (Marilyn S. Kite of Holland & Hart, Cheyenne, Wyo., Quinn O'Connell of Holland & Hart, Washington, D.C., and James R. Stevens, Jr. of Exxon Corp., Houston, Tex., with her on the briefs), for plaintiff-appellant.

William B. Lazarus, Atty., Dept. of Justice, Environment and Natural Resources Div., Washington, D.C. (Barry M. Hartman, Acting Asst. Atty. Gen., Richard A. Stacy, U.S. Atty., and Carol A. Statkus, Asst. U.S. Atty., Cheyenne, Wyo., Fred R. Wagner and Robert L. Klarquist, Attys., Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., and appearing of counsel Kristina A. Clark and Mark Etchart, Attys., U.S. Dept. of Interior, Washington, D.C., with him on the brief), for defendants-appellees.

Before SEYMOUR, HOLLOWAY, and BARRETT, Circuit Judges.

SEYMOUR, Circuit Judge.

In this appeal from a district court order affirming the decision of the Bureau of Land Management (BLM), Exxon Corporation challenges the Secretary of Interior's decision to issue a right-of-way across federal land in Wyoming for Exxon's carbon dioxide pipeline pursuant to section 28 of the Mineral Leasing Act (MLA), 30 U.S.C. § 185 (1988). Exxon argues that the right-of-way should properly have been issued under the auspices of the Federal...

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