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Marathon Oil Co. v. Babbitt

Citation: 29 ELR 20490
No. 97-1254, 166 F.3d 1221/(10th Cir., 01/06/1999)

The court affirms a district court dismissal of an oil company's action to obtain an order directing the Secretary of the Interior to restore lands once designated for federal oil and gas leases. The court first holds that the district court properly relied on Tenth Circuit precedent in holding that the oil company lacked standing because it alleged no redressable injury. The court then rejects the oil company's argument that Lujan v. Defenders of Wildlife, 504 U.S. 555, 22 ELR 20913 (1992), and Bennett v. Spear, 117 S. Ct. 1154, 27 ELR 20824 (1997) require the application of a less stringent redressability test that does not require as direct an injury as prior Tenth Circuit cases. Defenders of Wildlife is inapposite because of the specific facts of that case. Further, the harm alleged in Bennett was economic. Therefore, because of the absence of economic harm in this case, Bennett is not germane.

Counsel for Plaintiff
Craig R. Carver
Alfers & Carver
Equitable Bldg.
730 17th St., Ste. 340, Denver CO 80202
(303) 592-7674

Counsel for Defendants
Robert D. Clark, Ass't U.S. Attorney
U.S. Attorney's Office
1100 FederalOffice Bldg.
1961 Stout St., Denver CO 80294
(303) 844-3885

Before Holloway and Henry, JJ.