Impact Energy Resources et al v. Salazar et al
Impact Energy Resources, Peak Royalty Holdings and Questar Exploration and Production |
Ken Salazar, United States Department of the Interior, Kent Hoffman and United States Bureau of Land Management |
2:2009cv00435 |
May 13, 2009 |
US District Court for the District of Utah |
Central Office |
Salt Lake |
David Sam |
None |
05 U.S.C. ยง 0701 Maritime Subsidy Board |
None |
Available Case Documents
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Filing 100 MEMORANDUM DECISION - The plain language of the Mineral Leasing Act mandates the Secretary of the Interior to accept bids and issue leases as part of the competitive leasing process for oil and gas leases. This mandate truncates the discretion of the Secretary generally possesses to determine whether or not to issue a lease. In this case, the Secretary exceeded his statutory authority by withdrawing leases after determining which parcels were to be leased and after holding a competitive lease sa le during which the BLM named the plaintiffs high responsible bidders. Ultimately though, the plaintiffs' claims are timed barred. Faced with a strict statute of limitations, the plaintiffs failed to file their suit within ninety days of the Secretary's final decision. Under 30 U.S.C. 226-2 this is too late. Accordingly, judgment is entered in favor of the defendants. Signed by Judge Dee Benson on 8/31/2010. (rlr) |
Filing 83 MEMORANDUM DECISION denying 66 Motion to Change Venue; finding as moot 68 Motion to Stay. Signed by Judge Dee Benson on 5/3/2010. (rlr) |
Filing 64 MEMORANDUM DECISION granting 31 Motion to Intervene; granting 17 Motion to Intervene. Signed by Judge Dee Benson on 2/17/2010. (rlr) |
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