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CUBA SOIL AND WATER CONSERVATION DIST. v. LEWIS

No. 07-2218.

527 F.3d 1061 (2008)

CUBA SOIL AND WATER CONSERVATION DISTRICT; Lea Soil and Water Conservation District, Plaintiffs-Appellants, v. James LEWIS, New Mexico State Treasurer; State of New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 30, 2008.

Attorney(s) appearing for the Case

Daniel Israel (David Thuma and Robert H. Jacobvitz of Jacobvitz, Thuma, and Walker, Albuquerque, NM, with him on the brief), Boulder, CO, for Plaintiffs-Appellants.

Eric R. Miller, Assistant Attorney General (Gary K. King, Attorney General, and David K. Thompson, Assistant Attorney General, with him on the brief), Santa Fe, NM, for Defendants-Appellees.

Before HENRY, Chief Judge, and BALDOCK and TYMKOVICH Circuit Judges.

BALDOCK, Circuit Judge.

The issue presented in this appeal is one of first impression: Whether the Federal Mineral Leasing Act of 1920 (FMLA), 30 U.S.C. §§ 181-287, provides political subdivisions of a State an implied cause of action to challenge the State's allocation of federal mineral royalties received pursuant to the FMLA. The district court said no and dismissed the complaint. See Fed. R.Civ.P. 12(b)(6). Our review is de novo. See...

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