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QUARLES v. U.S. EX REL. INDIAN AFFAIRS

No. 03-5035.

372 F.3d 1169 (2004)

Don QUARLES, an individual; Osage Environmental Conservation Foundation, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, ex rel. BUREAU OF INDIAN AFFAIRS; United States of America, ex rel. United States Environmental Protection Agency; Texaco, Inc.; Getty Oil Co.; Phillips Petroleum Company; Sun Oil Company; Little River Energy Co.; Spess Oil Company, Inc.; Yarhola Productions Co.; Chambers & Hendrix Oil & Gas, Inc.; John Doe, 1-1000, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 16, 2004.

Attorney(s) appearing for the Case

Gentner F. Drummond (Will K. Wright, Jr. with him on the briefs), The Drummond Law Firm, Tulsa, OK, for the Plaintiffs-Appellants.

Matthew J. Sanders (Thomas L. Sansonetti, Assistant Attorney General; Earl Salo, Acting Associate General Counsel, Alan Carpien and James Harvard, United States Environmental Protection Agency; Charles R. Babst, Jr., United States Department of the Interior; Elizabeth A. Peterson and Natalia T. Sorgente, United States Department of Justice, Environment & Natural Resources Division with him on the brief), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the Federal Defendants-Appellees.

Rick D. Westcott (James C. Daniel with him on the brief), Daniel, Baker & Associates, Tulsa, OK, for the Defendants-Appellees with the exception of the United States.

Before EBEL, McKAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

At issue in this case is whether the district court erred in its blanket determination that assorted claims by Appellant Quarles — alleging both statutory and common law violations against various defendants — are all subject to an administrative exhaustion requirement found in the Osage Allotment Act. We take jurisdiction pursuant to 28 U.S.C. § 1291, and REVERSE and REMAND for further proceedings...

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