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KERR-McGEE OIL AND GAS v. U.S. DEPT. OF INTERIOR

No. 08-30069.

554 F.3d 1082 (2009)

KERR-McGEE OIL AND GAS CORP., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF INTERIOR; C. Stephen Allred, Assistant Secretary, on behalf of Land & Minerals Management, on behalf of United States Department of Interior, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 12, 2009.

Attorney(s) appearing for the Case

Gene W. Lafitte, Sr., Jonathan Andrew Hunter (argued), Jason Robert Johanson, Liskow & Lewis, New Orleans, LA, L. Poe Leggette, Nancy Lee Pell, Fulbright & Jaworski, Washington, DC, for plaintiff-appellee.

Michael Thomas Gray (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants-appellants.

Before: KING, DENNIS and ELROD, Circuit Judges.

KING, Circuit Judge:

The Outer Continental Shelf Deep Water Royalty Relief Act authorizes the Department of the Interior to suspend the collection of oil and gas royalties from all new and preexisting federal, deepwater leases and to impose price or volume thresholds in order to determine when royalty payments should recommence. Additionally, for new deepwater leases issued between 1996 and 2000 for specific areas in the Gulf of Mexico, the act explicitly waives all...

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