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DUNN-MCCAMPBELL ROYALTY v. NATIONAL PARK SERVICE

No. 09-40187.

630 F.3d 431 (2011)

DUNN-MCCAMPBELL ROYALTY INTEREST, INC., a Texas Corporation; Dunn-Padre Corporation, a Texas Corporation; McCampbell Minerals, Inc., a Texas Corporation, Plaintiffs-Appellees, v. NATIONAL PARK SERVICE, an Agency of the United States Department of Interior; Joseph Escoto, in His Official Capacity as Superintendent of the Padre Island National Seashore, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 7, 2011.

Attorney(s) appearing for the Case

Joseph Gilbert Thompson, III (argued), Dick Watt , Watt, Beckworth, Thompson & Henneman, L.L.P., Houston, TX, for Plaintiffs-Appellees.

Brian C. Toth (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Charles William Wendlandt, Jr. , Asst. U.S. Atty., Corpus Christi, TX, for Defendants-Appellants.

Randall Louis Sarosdy , Austin, TX, for Patterson, Amicus Curiae.

Before JOLLY and DENNIS, Circuit Judges, and BOYLE, District Judge.

E. GRADY JOLLY, Circuit Judge:

Before 1963, there was no Padre Island National Park off the coast of the State of Texas. It took a lot of maneuvering between the State of Texas and the United States to create the national park out of these coastal island lands, much belonging to the State of Texas, some belonging to private parties. The Texas Consent Statute, the deeds of conveyance, the federal Enabling Act of 1962, and the Oil and Gas

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