HOYL v. BABBITT

No. 96-1388.

129 F.3d 1377 (1997)

Alfred G. HOYL, Plaintiff-Appellant, v. Bruce BABBITT, Secretary, Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 25, 1997.


Attorney(s) appearing for the Case

Constance E. Brooks (Diane Vaksdal Smith of C.E. Brooks & Associates, P.C., and James F. Engelking of James F. Engelking, P.C., Denver, Colorado, with her on the brief), of C.E. Brooks & Associates, P.C., Denver, Colorado, for Plaintiff-Appellant.

Ellen J. Durkee (Lois J. Schiffer, Assistant Attorney General, Environment and Natural, Resources Division and David C. Shilton, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, and Henry J. Solano, United States Attorney and Robert D. Clark, Assistant United States Attorney, Denver, Colorado, and Lyle K. Rising, Office of the Solicitor, Rocky Mountain Region, Department of Interior, Lakewood, Colorado, with her on the brief), United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for Defendant-Appellee.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Plaintiff Alfred G. Hoyl appeals the district court's order affirming the Department of Interior, Bureau of Land Management's (BLM's) denial of his request for a coal lease suspension pursuant to § 39 of the Mineral Leasing Act. 30 U.S.C. § 209. As grounds for reversal, Plaintiff asserts that: 1) the district court's findings of fact are not supported by substantial evidence; 2) the district...

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