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DEVON ENERGY CORP. v. KEMPTHORNE

No. 07-5299.

551 F.3d 1030 (2008)

DEVON ENERGY CORPORATION, Appellant v. Dirk KEMPTHORNE, Secretary of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Deborah B. Haglund argued the cause for appellant. With her on the briefs was Charles D. Tetrault.

Erik Milito and Michele Schoeppe were on the brief for amicus curiae American Petroleum Institute in support of appellant.

Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Michael T. Gray, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

The United States leases the rights to extract and sell natural gas from lands owned by the Government. In exchange, lessees, like appellant Devon Energy Corporation ("Devon"), agree to pay the United States royalties on the natural gas they are able to produce. This case arises from a final order issued by the United States Department of the Interior ("DOI" or "Interior") requiring Devon retroactively to recalculate royalties owed to...

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