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OXY USA INC. v. UNITED STATES DEPT. OF INTERIOR

No. 21-2011.

32 F.4th 1032 (2022)

OXY USA INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Office of Natural Resources Revenue; Gregory Gould, in his official capacity as Director of the Office of Natural Resources Revenue, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED May 2, 2022.

Attorney(s) appearing for the Case

James M. Auslander ( Peter J. Schaumberg , with him on the briefs), Beveridge & Diamond, P.C., Washington, DC, appearing for Appellant.

Andrew M. Bernie , Attorney ( Todd Kim , Assistant Attorney General, and John Smeltzer , Attorney, with him on the brief), United States Department of Justice, Environment and Natural Resources Division, Washington, DC, appearing for Appellees.

Before HOLMES, BRISCOE, and MORITZ, Circuit Judges.

This case concerns the valuation of royalties to be paid on carbon dioxide ("CO2") produced from federal oil and gas leases now owned by OXY USA, Inc. ("OXY"). OXY appeals the decision of the U.S. Department of the Interior's Office of Natural Resources Revenue...

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