Foote Mineral Co. v. United States

This is a suit for refund of royalties paid by plaintiff to the United States for lithium which plaintiff mines on federal lands near Silver Peak, Nevada. Defendant counterclaims for additional royalties. Plaintiff seeks review of a decision by the Department of the Interior Board of Land Appeals (IBLA or the board) adverse to plaintiff on its claim and upholding defendant’s counterclaim. Foote Mineral Co., 34 IBLA 285 (1978). The case comes before the court on the parties’ cross-motions for summary judgment. We hold for plaintiff.

Plaintiff, Foote Mineral Company (Foote), holds sodium and…