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MINARD RUN OIL CO. v. U.S. FOREST SERVICE

Nos. 10-1265, 10-2332.

670 F.3d 236 (2011)

MINARD RUN OIL COMPANY; Pennsylvania Independent Oil and Gas Association; Allegheny Forest Alliance; County of Warren, Pennsylvania, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; Tom Tidwell, in his official capacity as Chief of the U.S. Forest Service; Kent P. Connaughton, in his official capacity as regional Forester for the U.S. Forest Service, Eastern Region; Leanne M. Marten, in her official capacity as Forest Supervisor for the Allegheny National Forest; Attorney General of the United States of America; Forest Service Employees for Environmental Ethics; Allegheny Defense Project; Sierra Club Forest Service Employees for Environmental Ethics, Allegheny Defense Project, Sierra Club, Appellants. (Pursuant to Fed. R.App. P. 43(c)(2)). (Amended Pursuant to the Clerk's Order of June 18, 2010).

United States Court of Appeals, Third Circuit.

Opinion filed: September 20, 2011.

Attorney(s) appearing for the Case

Brian J. Sonfield, Esquire , Assistant General Counsel, United States Department of Agriculture, Ignacia S. Moreno, Esquire , Assistant Attorney General, Aaron P. Avila, Esquire , Ruth Ann Storey, Esquire , Lane N. McFadden, Esquire , Robert P. Stockman, Esquire (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Federal Appellants.

Timothy M. Bechtold, Esquire , Bechtold Law Firm, Missoula, MT, Marianne Dugan, Esquire (Argued), Eugene, OR, for Environmental Appellants.

R. Timothy McCrum, Esquire (Argued), J. Michael Klise, Esquire , Daniel W. Wolff, Esquire , Crowell & Moring LLP, Washington, DC, Matthew L. Wolford, Esquire , Erie, PA, Steven J. Lechner, Esquire , Mountain States Legal Foundation, Lakewood, CO, for Appellees.

Before: FUENTES, CHAGARES and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

I. Introduction

This appeal concerns a dispute between the U.S. Forest Service (the Service) and owners of mineral rights in the Allegheny National Forest (ANF). Although the Service manages the surface of the ANF for the United States, mineral rights in most of the ANF are privately owned. Mineral rights owners are entitled to reasonable use of the...

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