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PENNACO ENERGY v. U.S. DEPT. OF INTERIOR

No. 03-8062.

377 F.3d 1147 (2004)

PENNACO ENERGY, INC., Plaintiff-Appellee, Petroleum Association of Wyoming; State of Wyoming; Nance Petroleum Corporation, Plaintiffs-Intervenors-Appellees, v. UNITED STATES DEPARTMENT OF the INTERIOR, Defendant, and Wyoming Outdoor Council; Powder River Basin Resource Council; Natural Resources Defense Council; Defenders of Wildlife, Defendants-Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

August 10, 2004.

Attorney(s) appearing for the Case

Susan D. Daggett (Keith G. Bauerle, with her on the briefs), Earthjustice, of Denver, CO, for the defendants-intervenors-appellants.

Charles L. Kaiser, Davis Graham & Stubbs LLP, of Denver, CO, (Kirby J. Iler, Pennaco Energy, Inc., of Cody, WY, and Charles A. Breer, Davis Graham & Stubbs LLP, of Denver, CO, with him on the brief), for the plaintiff-appellee.

Patrick J. Crank, Wyoming Attorney General, Jennifer A. Golden, Deputy Attorney General, and Vicci M. Colgan and John S. Burbridge, Senior Assistant Attorneys General, Cheyenne, WY, on the brief for plaintiff-intervenor-appellee State of Wyoming.

Before SEYMOUR, EBEL, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Pennaco Energy, Inc. (Pennaco), brought this suit in the District of Wyoming, pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701-06(APA), against the United States Department of the Interior (DOI) to challenge a decision of the Interior Board of Land Appeals (IBLA). The challenged IBLA decision reversed a decision of the Bureau of Land Management (BLM) to auction three oil and gas leases (successfully bid upon...

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