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MARALEX RESOURCES, INC. v. BARNHARDT

No. 17-1421.

913 F.3d 1189 (2019)

MARALEX RESOURCES, INC., a Colorado Corporation; Alexis M. O'Hare; Mary C. O'Hare, Plaintiffs-Appellants, v. David BARNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; The United States Department of Interior; The United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED January 18, 2019.

Attorney(s) appearing for the Case

William E. Zimsky , Abadie & Schill, PC, Durango, Colorado, appearing for the Appellants.

Tamara N. Rountree , Attorney, Environmental and Natural Resources Division, United States Department of Justice, Washington, DC ( Jeffrey H. Wood , Acting Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General, United States Department of Justice, Washington, DC; William Lazarus and John L. Smeltzer , Attorneys, Environmental and Natural Resources Division, United States Department of Justice, Washington, DC; and Philip C. Lowe , Rocky Mountain Regional Solicitor's Office, Department of the Interior, Lakewood, Colorado, with her on the brief), appearing for the Appellee.

Before BRISCOE, LUCERO, and MATHESON, Circuit Judges.

Plaintiffs Maralex Resources, Inc. (Maralex), Alexis O'Hare and Mary C. O'Hare (the O'Hares) filed this action against the Secretary of the Department of the Interior (Secretary), the Department of the Interior, and the United States seeking review of a decision of the Interior Board of Land Appeals (IBLA) upholding four...

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