Impact Energy Resources, LLC v. Salazar

I fully join the per curiam opinion. Judge Lucero and I agree that the statute of limitations begins to run under the Mineral Leasing Act (“MLA”) with the “final decision of the Secretary,” 30 U.S.C. § 226-2, not when the plaintiffs receive notice required by the Administrative Procedure Act (“APA”), 5 U.S.C. § 555(e). See Per Curiam Op. at 1245-46. We also agree that the Energy Companies’ suit was untimely because the Secretary’s “final decision” occurred before February 12. Finally, we agree that the district court did not abuse its discretion by denying equitable tolling to the Energy…