Cuba Soil & Water Conservation District v. Lewis

BALDOCK, Circuit Judge.

The issue presented in this appeal is one of first impression: Whether the Federal Mineral Leasing Act of 1920 (FMLA), 30 U.S.C. §§ 181-287, provides political subdivisions of a State an implied cause of action to challenge the State’s allocation of federal mineral royalties received pursuant to the FMLA. The district court said no and dismissed the complaint. See Fed.R.Civ.P. 12(b)(6). Our review is de novo. See Pace v. Swerdlow, 519 F.3d 1067, 1073 (10th Cir.2008). We exercise jurisdiction under 28 U.S.C. § 1291, and affirm.

I

Section 191 of the FMLA, entitled…