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WOODS PETROLEUM CORP. v. U.S. DEPT. OF INTERIOR

No. 92-6053.

18 F.3d 854 (1994)

WOODS PETROLEUM CORPORATION, Ratex Resources Incorporated, Midcon Central Exploration Company, Mustang Production Company, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; Bureau of Indian Affairs; Timothy Nibs; Wisdom A. Nibs, Jr.; Reginald R. Nibs; Ronald Leroy Nibs; Elaine Shirley Nibs Mayes; D'Ann Nibs; Lowell Nibs; Theodore Raymond Nibs; Wisdom Nibs, Sr.; Brenda Tonips Nibs; Michael Nibs; Leroy Stoneroad; Vitro Stoneroad; Solomon Stoneroad; Eleanor Joy Stoneroad; Joe Hicks, Anna B. Twins Spottedwolf; Patrick B. Spottedwolf; Lucian M. Twins; Joyce M. Twins; Minita Twins Runningwater; Wesley Robert Twins; Lucinda Amelia Sweetwater; Mariam Mann Twins; Wesley Robert Twins; McClain H. Twins, Jr.; Marion M. Twins, Michael Wayne Twins; Tomlinson Properties, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 1994.

Attorney(s) appearing for the Case

Donald L. Kahl (Orval E. Jones, with him on the brief), Hall Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for plaintiffs-appellants.

Dirk D. Snel (Roger Clegg, Acting Asst. Atty. Gen., Gerald S. Fish and David C. Shilton, U.S. Dept. of Justice, Washington, DC and Timothy D. Leonard, U.S. Atty., and M. Kent Anderson, Asst. U.S. Atty., Oklahoma City, OK, with him on the brief), U.S. Dept. of Justice, Washington, DC, for defendants-appellees U.S. Dept. of the Interior and Bureau of Indian Affairs.

Steven L. Barghols (Jay C. Jimerson, with him on the brief), Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, OK, for defendant-appellee Tomlinson Properties, Inc.

Amos E. Black, III, Anadarko, OK, for defendants-appellees Anna Twins Spottedwolf, Eleanor Stoneroad, Victor Stoneroad, and Leroy Stoneroad.

Before EBEL and McWILLIAMS, Circuit Judges, and OWEN, District Judge.

OWEN, District Judge.

On this appeal, we are again called upon to address and resolve the tensions arising from the confluence of a number of legitimate interests: 1) the right of a state to establish drilling units to control the development of its oil resources; 2) the duty of the United States Department of the Interior to protect and maximize the return to Indians from their allotted lands; 3) the contractual rights of oil-producing companies such as plaintiffs...

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