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IMPACT ENERGY RESOURCES, LLC v. SALAZAR

Nos. 11-4043, 11-4057.

693 F.3d 1239 (2012)

IMPACT ENERGY RESOURCES, LLC; Peak Royalty Holdings, LLC; Questar Exploration and Production Company, Plaintiffs-Appellants, Uintah County; Carbon County; Duchesne County, Plaintiffs, v. Ken SALAZAR, in his official capacity as Secretary of the Department of the Interior; United States Department of the Interior; Kent Hoffman, in his official capacity as Deputy State Director for Minerals, Utah Bureau of Land Management of the Department of the Interior; United States Bureau of Land Management, Utah State Office, Defendants-Appellees. National Parks Conservation Association; National Trust for Historic Preservation; Southern Utah Wilderness Alliance; Natural Resources Defense Council; Wilderness Society; Sierra Club; Utah Rivers Council; Great Old Broads for Wilderness; Grand Canyon Trust, Defendants-Intervenors-Appellees. Red Rock Forests, Defendant-Intervenor. Western Energy Alliance, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Michael L. Beatty , Beatty & Wozniak, P.C. Denver, CO, and Mark Ward , Utah Association of Counties, Murray, UT, ( Robert S. Thompson, III , Beatty & Wozniak, P.C., Denver, CO, on the briefs) for the Plaintiffs-Appellants.

Robin Cooley , Earthjustice, Denver, CO ( Steven Bloch and David Garbett , Southern Utah Wilderness Alliance on the briefs), for Defendants-Intervenors-Appellees.

Vivian H.W. Wang , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., ( Ignacio S. Moreno , Assistant Attorney General, David C. Shilton , Tyler Welti , and Charles R. Scott , United States Department of Justice, on the brief) for Defendants-Appellees.

Kent Holsinger and Laura L. Chartrand , Holsinger Law, LLC, Denver, CO, filed a brief for Amicus Curiae Western Energy Alliance on behalf of Plaintiffs-Appellants.

Before LUCERO, SEYMOUR, and TYMKOVICH, Circuit Judges.

PER CURIAM.

Appellants in this case are companies that submitted high bids on certain oil and gas leases at a Bureau of Land Management ("BLM") auction (collectively, the "Energy Companies"). After the auction but before the leases were issued, newly appointed Secretary of the Interior Ken Salazar decided not to lease the parcels at issue. Salazar announced his decision at a February 4, 2009, press conference and memorialized his determination in a February 6 memorandum...

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