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SHELL OFFSHORE INC. v. BABBITT

No. 99-30532.

238 F.3d 622 (2001)

Shell Offshore Inc.; Shell Deepwater Production Inc., Plaintiffs-Appellants-Cross-Appellees, v. Bruce Babbitt, Secretary of the Department of Interior; Bob Armstrong, Assistant Secretary, Land & Minerals Management, Department of the Interior; Walt Rosenbusch, Director, Minerals Management Service, Department of the Interior, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

January 12, 2001.

Attorney(s) appearing for the Case

James Berry St. John, Jr. (argued), Jonathan Andrew Hunter, Jana Louise Grauberger, Liskow & Lewis, New Orleans, LA, for Plaintiffs-Appellant-Cross-Appellees.

David Jack Lazerwitz (argued), John A. Bryson, U.S. Dept. of Justice, Appellate Section, Washington, DC, for Defendants-Appellees-Cross-Appellants.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant Shell Offshore, Inc., (Shell) sued the Department of the Interior (Interior) under the citizen suit provisions of the Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331 et seq. (§ 1349(b)) (OCSLA), the Administrative Procedure Act, 5 U.S.C. § 551 et seq. (§ 704) (APA), and the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, challenging...

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