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EXXON MOBIL CORP. v. NORTON

No. 02-1344.

346 F.3d 1244 (2003)

EXXON MOBIL CORPORATION, f/k/a Exxon Corporation; and Tosco Corporation, Plaintiffs-Appellants, v. Gale NORTON, Secretary of the Interior; Department of Interior; Kathleen Clarke, Director of the Bureau of Land Management, United States Department of Interior; Douglas M. Koza, Associate Director of the Colorado State Office of the Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 15, 2003.

Attorney(s) appearing for the Case

James A. Clark, Baker & Hostetler, LLP, Denver, CO, for Plaintiff-Appellant Exxon Mobil Corporation, and Donald L. Morgan, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Plaintiff-Appellant TOSCO Corporation.

Ellen J. Durkee, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General, Washington, DC; Katherine Hazard, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC; Lyle Rising, Office of the Solicitor, Lakewood, CO; and Karen Hawbecker, Office of the Solicitor, Washington, DC, with her on the briefs), for Defendants-Appellees.

Before TACHA, Chief Judge, and ANDERSON and BRISCOE, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs Exxon Mobil Corporation and TOSCO Corporation appeal the district court's judgment affirming the Interior Board of Land Appeals ("IBLA") decision invalidating their thirty-two unpatented oil shale mining claims. The IBLA concluded that the claims were null and void because plaintiffs had failed to substantially perform the assessment work required by statute. We affirm.

BACKGROUND

Exxon has twenty and...

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