OXY USA, INC., Plaintiff-Appellee,
Mobil Exploration & Producing U.S., Inc., Plaintiff,
v.
Bruce BABBITT, Secretary, Department of Interior; Bob Armstrong, Assistant Secretary, Land and Minerals Management; Cynthia Quaterman, Director, Minerals Management Service; Erasmo Gonzales, Chief, Houston Compliance Division, Minerals Management Service; Gary L. Johnson, Chief, Dallas and Tulsa Compliance Offices, Minerals Management Service, Defendants-Appellants.
Union Oil Company of California; Independent Petroleum Association of America; National Mining Association; American Chemistry Council; American Petroleum Institute; Chamber of Commerce of the United States; American Tort Reform Association; National Association of Manufacturers; Lawyers for Civil Justice; Shell Oil Company. Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 10, 2001.
October 10, 2001.
Attorney(s) appearing for the Case
Oliver S. Howard, (Teresa B. Adwan, Dennis C. Cameron and Amelia A. Fogleman of Gable & Gotwals, P.C.; Patricia Dunmire Bragg and Stephen R. Ward, of Gardere & Wynne, L.L.P., Tulsa, OK, with him on the briefs) of Gable & Gotwals, P.C., Tulsa, OK, for Plaintiff-Appellee.
Sean H. Donahue, (Lois J. Schiffer, Assistant Attorney General; Peter Coppelman, Acting Assistant Attorney General; William B. Lazarus, Donna S. Fitzgerald and Robert L. Klarquist, Department of Justice, with him on the briefs) of the Department of Justice, Washington, DC, for Defendants-Appellants.
David L. Bryant, of Bryant Law Firm PLLC, Tulsa, OK, filed a brief for amicus curiae Union Oil Company of California.
Michael E. Smith and Sharon Taylor Thomas of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK, filed a brief for amici curiae Independent Petroleum Association of America, and National Mining Association.
Victor E. Schwartz, Timothy M. Biddle, Mark A. Behrens, and Donald J. Kochan, of Crowell & Moring LLP, Washington, D.C., filed a brief for amici curiae American Chemistry Council (David F. Zoll and Donald D. Evans, Arlington, Virginia, of counsel on the brief); American Petroleum Institute, (G. William Frick, Washington, D.C., of counsel on the brief); Chamber of Commerce of the United States, (Stephen A. Bokat of National Chamber Litigation Center, Inc., Washington, D.C., of counsel on the brief); American Tort Reform Association (Sherman Joyce, Washington, D.C., of counsel on the brief); National Association of Manufacturers, (Jan S. Amundson, Washington, D.C., of counsel on the brief); and Lawyers for Civil Justice (Barry Bauman, Washington, D.C., of counsel on the brief).
L. Poe Leggette and Nancy L. Pell of Fulbright & Jaworski L.L.P., Washington, D.C.; David L. Bryant, Tulsa, OK; and Michael E. Coney, Of Counsel, Shell Oil Company, New Orleans, LA, filed a brief for amicus curiae Shell Oil Company.
Before TACHA, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ON REHEARING EN BANC
BRORBY, Circuit Judge.
The issue before the en banc court is straightforward: Does the six-year statute of limitations provided by 28 U.S.C. § 2415(a) govern Mineral Management Service (MMS) orders directing oil and gas lessees to pay additional royalties on production procured prior to September 1, 1996?1 We hold it does.
BACKGROUND
In December 1996, the MMS issued an order directing...
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