Legal Opinion · Dissent
Independent Petroleum Association of America v. Bruce Babbitt
Court of Appeals for the D.C. Circuit
Decided November 21, 1996No. 95-5210, 95-5245Published
1DissentRogers, Circuit Judge
The court concludes that the Secretary of the Interior adopted an impermissible interpretation of his regulations when he determined that contract buy-out payments and settlements of accrued take-or-pay liabilities are among the “gross proceeds” received by a lessee for gas production. The court relies *1261largely on Diamond Shamrock Exploration Co. v. Hodel, 853 F.2d 1159 (5th Cir.1988), and the Secretary’s acquiescence in the Diamond Shamrock holding, Revision of Gross Proceeds Definition in Oil and Gas Valuation Regulations, 53 Fed.Reg. 45,082 (1988) (Gross Proceeds Revision). To the contrary,…
2Cases cited25 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Udall v. TallmanSupreme Court of the United States · 1965
- United States v. MendozaSupreme Court of the United States · 1984
- Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
- Crown Coat Front Co. v. United StatesSupreme Court of the United States · 1967
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