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DUNCAN ENERGY CO. v. U.S. FOREST SERVICE

No. 93-4005.

50 F.3d 584 (1995)

DUNCAN ENERGY COMPANY, a Colorado General Partnership; Meridian Oil, Inc., a Delaware Corporation, Appellees, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture; Samuel P. Redfren, in his official capacity as District Ranger for the Medora Ranger District, North Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 21, 1995.

Attorney(s) appearing for the Case

John T. Stahr, Washington, DC, argued (Robert L. Klarquist, Michael W. Reed, James B. Snow, Jeffrey D. Eisenberg, Christine Everett and Alan J. Campbell, on the brief), for appellants.

Charles L. Kaiser, Denver, CO, argued (Anthony J. Shaheen, John Morrison and Brian R. Bjella, on the brief), for appellees.

Before WOLLMAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

The United States Forest Service and its district ranger for the Medora Ranger District, North Dakota, appeal from the district court's entry of summary judgment granting declaratory relief to Meridian Oil, Inc. and Duncan Energy Company, an owner and developer of mineral rights. The district court allowed Duncan to proceed with mineral exploration on land in a national forest without Forest Service approval of the surface use...

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