Oxy USA, Inc. v. Babbitt

I respectfully dissent. I believe we are bound by this court’s determination in Phillips III that § 2415(a) is the governing statute of limitations on claims like those at issue here.

Phillips III was identical in all material respects to the case now before us. It involved an administrative order by the Department of Interior directing a lessee to pay additional royalties. The lessee sued to enjoin the Department from enforcing the order and the district court granted summary judgment to the lessee, finding that the six-year statute of limitations in § 2415(a) barred the government from…