INDEPENDENT PETROLEUM ASS'N OF AMERICA v. BABBITT

Nos. 95-5210, 95-5245.

92 F.3d 1248 (1996)

INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA, et al., Appellants, v. Bruce BABBITT, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1996.


Attorney(s) appearing for the Case

L. Poe Leggette, argued the causes for appellants, with whom, E. Edward Bruce, Washington, DC, was on the briefs.

William B. Lazarus, United States Department of Justice, argued the cause for appellees, with whom Peter D. Coppelman, Acting Assistant Attorney General, and Robert L. Klarquist, Washington, DC, were on the brief.

Lawrence G. McBride, Washington, DC, was on the brief for amicus curiae Interstate Natural Gas Association of America et al., in support of appellants.

Frederick C. Whitrock, Baton Rouge, LA, was on the brief for amicus curiae State of Louisiana in support of the appellees.

Jan Unna, Special Assistant Attorney General, was on the brief for amicus curiae State of New Mexico.

Jill E. Grant, Washington, DC, entered an appearance for amicus curiae Jicarilla Apache Tribe.

Before: BUCKLEY, SENTELLE and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge SENTELLE.

Separate dissenting opinion filed by Circuit Judge ROGERS.

SENTELLE, Circuit Judge:

Appellants, an oil and gas producer and a petroleum industry trade association, challenge as arbitrary and capricious and inconsistent with applicable law a Department of the Interior ("DOI") decision to collect royalties and interest charges from the gas producer appellant on a settlement payment made to a lessee...

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