CHANCE v. ZINKE

No. 17-5057.

898 F.3d 1025 (2018)

Merrill CHANCE, Plaintiff-Appellant, v. Ryan ZINKE, in his official capacity as Secretary of the United States Department of Interior; United States Bureau of Indian Affairs, an agency within the United States Department of Interior; Darryl LaCounte, in his official capacity as Director of the United States Bureau of Indian Affairs; Great Southwestern Exploration, Inc., an Oklahoma corporation, Defendants-Appellees. Pawnee Nation of Oklahoma; Walter R. Echo-Hawk, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed August 6, 2018.


Attorney(s) appearing for the Case

Donald A. Lepp ( Gentner F. Drummond , Garry M. Gaskins, II , and Logan L. James with him on the briefs), Drummond Law, PLLC, Tulsa, Oklahoma, for Merrill Chance, Plaintiff-Appellant.

Tamara N. Rountree , Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C. ( Jeffrey H. Wood , Eric Grant , Mark R. Haag , and Jody H. Schwarz , Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., and Charles R. Babst, Jr. , Kristen D. Kokinos , and Stephen L. Simpson , Office of the Solicitor, United States Department of the Interior, Washington, D.C., with her on the brief), for Ryan Zinke, Darryl LaCounte, and United States Bureau of Indian Affairs, Defendants-Appellees.

James D. Sicking, Jr. , Tulsa, Oklahoma ( Thomas Mortensen , Tulsa, Oklahoma, with him on the brief), for Great Southwestern Exploration, Inc., Defendant-Appellee.

Michael S. Freeman , Earthjustice, Denver, Colorado ( Yuting Chi , Earthjustice, Denver, Colorado, and Don Mason , Attorney General, Pawnee Nation of Oklahoma, Pawnee, Oklahoma, with him on the brief) for the Pawnee Nation of Oklahoma and Walter R. Echo-Hawk, Amici Curiae.

Before LUCERO, PHILLIPS, and MORITZ, Circuit Judges.


Merrill Chance, a landowner in Osage County, Oklahoma, sued the government1 to void a lease and various permits that allow Great Southwestern Exploration, Inc. (GSE) to drill for oil and gas beneath his property. He also seeks damages from GSE for trespassing...

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