OXY USA, INC. v. BABBITT

Nos. 98-5222, 98-5252 and 99-5098.

230 F.3d 1178 (2000)

OXY USA, INC., Plaintiff—Appellee, Mobil Exploration & Producing U.S., Inc., Plaintiff, v. Bruce BABBITT, Secretary; Bob Armstrong, Assistant Secretary, Land and Minerals Management; Cynthia Quarterman, Director, Minerals Management Service; Erasmo Gonzales, Chief, Houston Compliance Division, Minerals Management Service; and Gary L. Johnson, Chief, Dallas and Tulsa Compliance Offices, Minerals Management Service, Department of the Interior, Defendants-Appellants. Shell Oil Company, Plaintiff-Appellee, v. Bruce Babbitt, Secretary, Department of the Interior; Bob Armstrong, Assistant Secretary, Land and Minerals Management, Department of the Interior; Cynthia Quarterman, Director, Minerals Management Service, Department of the Interior; Erasmo Gonzales, Chief, Houston Compliance Division, Minerals Management Service, Department of the Interior; and Gary L. Johnson, Chief, Dallas and Tulsa Compliance Offices, Minerals Management Service, Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 23, 2000.


Attorney(s) appearing for the Case

Sean H. Donahue, Attorney, Department of Justice, Environment & Natural Resources Division, Washington, D.C. (Peter Coppelman, Acting Assistant Attorney General; William B. Lazarus, Donna S. Fitzgerald, and Robert L. Klarquist, Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, D.C., on the briefs in No. 98-5222; Lois J. Schiffer, Assistant Attorney General; William B. Lazarus, Donna S. Fitzgerald, and Robert L. Klarquist, Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, D.C., on the briefs in No. 98-5252 and 99-5098), for Defendants-Appellants.

Patricia Dunmire Bragg of Gardere & Wynne, L.L.P., Tulsa, Oklahoma (Stephen R. Ward of Gardere & Wynne, L.L.P., Tulsa, Oklahoma; Oliver S. Howard, Teresa B. Adwan, and Dennis C. Cameron of Gable & Gotwals, P.C., Tulsa, Oklahoma, with her on the brief in No. 98-5222), for Plaintiff-Appellee Oxy USA, Inc.

L. Poe Leggette of Fulbright & Jaworski L.L.P., Washington, D.C. (Nancy L. Pell of Fulbright & Jaworski L.L.P., Washington, D.C.; David L. Bryant, Tulsa, Oklahoma; and Michael E. Coney, Of Counsel, Shell Oil Company, New Orleans, Louisiana, with him on the brief in Nos. 98-5252 and 99-5098), for Plaintiff-Appellee Shell Oil Company.

Before BRISCOE and McKAY, Circuit Judges, and BROWN, Senior District Judge.


BRISCOE, Circuit Judge.

Through the Department of the Interior ("DOI"), Shell Oil Company ("Shell") and OXY USA, Inc. ("OXY") obtained a number of oil and gas leases in California. In late 1996, the Minerals Management Service ("MMS"), a bureau of the DOI, issued orders requiring Shell and OXY to pay additional royalties and interest on oil produced between 1980 and 1988. Shell and OXY challenged the orders in federal district court. Among other things, Shell and OXY...

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