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INDEPENDENT PETROLEUM ASS'N OF AMERICA v. DEWITT

Nos. 00-5404 and 00-5405.

279 F.3d 1036 (2002)

INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA, Appellee, v. Wallace P. DEWITT, Acting Assistant Secretary, for Land and Minerals Management, DOI and United States Department of the Interior, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Sean H. Donahue, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the brief were John C. Cruden, Acting Assistant Attorney General, William B. Lazarus and John A. Bryson, Attorneys.

Jill Elise Grant, Harry R. Sachse, and James E. Glaze were on the brief for amici curiae Southern Ute Indian Tribe and Jicarilla Apache Nation.

Lee Ellen Helfrich was on the brief for amicus curiae California State Controller.

L. Poe Leggette argued the cause for appellee Independent Petroleum Association of America. With him on the brief was Nancy L. Pell.

Thomas J. Eastment argued the cause for appellee American Petroleum Institute. With him on the brief was David T. Deal.

John K. McDonald and Harold P. Quinn Jr. were on the brief for amicus curiae National Mining Association.

Before: SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge SENTELLE.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Producers of natural gas typically lease the mineral rights and compensate the owner by means of a royalty calculated as some fraction (such as 1/8 or 1/6) of the value of the gas produced. In exchange, lessees agree to bear the costs and risks of exploration and production. Federal and Indian...

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