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AMERICAN PETROLEUM INST. v. U.S. DEP'T OF INTERIOR

No. 21-8076.

81 F.4th 1048 (2023)

AMERICAN PETROLEUM INSTITUTE, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR; United States Department of Interior Secretary, in her official capacity a/k/a Debra Haaland; Office of Natural Resources Revenue; Office of Natural Resources Revenue Director, in his official capacity a/k/a Kimbra Davis, Respondents-Appellees, and Natural Resources Defense Council; Northern Plains Resource Council, Inc.; Powder River Basin Resource Council; the Wilderness Society; Western Organization of Resource Councils; State of California; State of New Mexico, Intervenor Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED August 25, 2023.

Attorney(s) appearing for the Case

Peter J. Schaumberg ( James M. Auslander , with him on the briefs), of Beveridge & Diamond, P.C., Washington, D.C., for Petitioner-Appellant.

Michelle Melton , Attorney ( Todd Kim , Assistant Attorney General, Paul Turcke , Attorney, with her on the brief), Environment and Natural Resources Division, Department of Justice, Washington, D.C., for Respondents-Appellees.

Thomas Zimpleman of Natural Resources Defense Counsel, Washington, D.C. ( Rob Bonta , Attorney General of California, Ed Ochoa , Senior Assistant Attorney General; David Zonana , Supervising Deputy Attorney General, George Torgun and Adrianna Lobato , Deputy Attorneys General, for the State of California, Oakland, CA; and William Grantham , Assistant Attorney General, for the State of New Mexico, Santa Fe, NM, with him on the brief), for Intervenor Respondents-Appellees.

Before HARTZ, BACHARACH, and MORITZ, Circuit Judges.

This appeal involves a set of regulations that govern the calculation of royalties for oil and natural gas produced on federal lands. After the agency charged with collecting these royalties amended the regulations in 2016, the American Petroleum Institute (API) challenged several of the changes under the Administrative Procedure...

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