Dunn-McCampbell Royalty Interest, Inc. v. National Park Service

EMILIO M. GARZA, Circuit Judge:

Plaintiffs Dunn-MeCampbell Royalty Interest, Dunn-Padre Corporation, and McCampbell Minerals (collectively “DunnMcCampbell”) appeal the district court’s grant of summary judgment in the companies’ action challenging the regulatory authority of the National Park Service.

I

P.F. Dunn once owned both the land and mineral rights to a long stretch of barrier islands in Texas, now known collectively as Padre Island. In 1926, Dunn severed the two estates, conveying the surface estate to third parties and reserving the subsurface mineral rights for himself. Dunn conveyed…