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ORION RESERVES LTD. PARTNERSHIP v. SALAZAR

Nos. 07-5281, 07-5290.

553 F.3d 697 (2009)

ORION RESERVES LIMITED PARTNERSHIP, Appellee/Cross-Appellant v. Ken SALAZAR, Secretary, U.S. Department of the Interior, et al., Appellants/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Robert H. Oakley, Attorney, U.S. Department of Justice, argued the cause for appellants/cross-appellees. With him on the briefs was Ellen J. Durkee, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Donald L. Morgan argued the cause and filed the briefs for appellee/cross-appellant.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

This appeal involves a challenge by Orion Reserves Limited Partnership (Orion) to a decision of the Department of the Interior (Interior) invalidating 156 oil shale mining claims on federal land. The district court concluded that Interior's decision was arbitrary and capricious. We reach the opposite conclusion, which is compelled by the Supreme Court's holding in Hickel v. Oil Shale Corp.,

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