Ash Creek Mining Co. v. Lujan

ALDISERT, Senior Circuit Judge.

We meet again a controversy between the plaintiff-appellant, Ash Creek Mining Company, and the Secretary of the Interior over certain federally owned coal located in Sheridan County, Wyoming. In Ash Creek Mining Co. v. Lujan, 934 F.2d 240 (10th Cir.1991) (Ash Creek I), Ash Creek challenged the Secretary of the Interior’s decision to set aside the Ash Creek Coal Leasing Tract in Sheridan County from competitive coal leasing and to designate it for exchange for the Whitney Benefits Tract. We held that Ash Creek’s claim was unripe for decision because Ash Creek had…