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SOLENEX LLC v. BERNHARDT

No. 18-5343 Consolidated with 18-5345.

962 F.3d 520 (2020)

SOLENEX LLC, a Louisiana Limited Liability Company, Appellee, v. David Longly BERNHARDT, Secretary, U.S. Department of the Interior, et al., Appellees Blackfeet Headwaters Alliance, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2020.

Attorney(s) appearing for the Case

Brian C. Toth , Attorney, U.S. Department of Justice, argued the cause for federal appellants. With him on the briefs were Jeffrey Bossert Clark , Assistant Attorney General, Eric A. Grant , Deputy Assistant Attorney General, Stephen A. Vaden , General Counsel, U.S. Department of Agriculture, and Charles E. Spicknall , Attorney.

Timothy J. Preso argued the cause and filed the briefs for intervenor-appellants.

Joel West Williams and Kim Jerome Gottschalk , Boulder, CO, were on the brief for amicus curiae Blackfeet Tribe in support of appellants and reversal of the district court.

David C. McDonald argued the cause for appellee. With him on the brief were Ivan L. London , Zach W. Fitzgerald , and Zhonette M. Brown . Christian B. Corrigan entered an appearance.

Rebecca W. Watson , Denver, CO, was on the brief for amicus curiae Western Energy Alliance in support of appellee and the decision below.

Before: Tatel, Garland, and Millett, Circuit Judges.

The Badger-Two Medicine Area ("Two Medicine Area") is a region of unique cultural, religious, spiritual, historical, and environmental significance. Solenex LLC holds an oil and gas lease ("Lease") over a portion of that area. In 2016, the Secretary of the Interior cancelled the...

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