Legal Opinion
Paul Harvey, Grace Ernest and Lalo Enriquez v. Stewart L. Udall, Secretary of the Department of the Interior
Court of Appeals for the Tenth Circuit
Decided December 14, 1967No. 9438_1PublishedCited by 18 opinions
1Opinion of the Court
HICKEY, Circuit Judge.
This action seeks to overturn the Secretary of the Interior’s rejection of appellants’ offer for an oil and gas lease. The trial court sustained the Secretary’s motion for summary judgment and this appeal followed. This court has the right to review under Section 10 of the Administrative Procedure Act, 5 U.S.C. § 701(a) (Supp. II 1966), formerly 5 U.S.C. § 1009, unless (1) statutes preclude judicial review, or (2) agency action is by law committed to agency discretion. Heffelman v. Udall, 378 F.2d 109, 111 (10th Cir. 1967).
We find no statute precluding review. Further,…
2Cases cited2 opinions
- Charles W. Heffelman v. Stewart L. Udall, Secretary of the Department of Interior of the United StatesCourt of Appeals for the Tenth Circuit · 1967
- Pan American Petroleum Corp. v. UdallCourt of Appeals for the Tenth Circuit · 1965
3Cited by18 opinions
- C. Burglin v. Rogers C. B. Morton, as the Secretary of the Interior of the United StatesCourt of Appeals for the Ninth Circuit · 1976
- Gray v. JohnsonCourt of Appeals for the Tenth Circuit · 1968
- United States v. RCA Alaska Communications, Inc.Alaska Supreme Court · 1979
- State v. Bureau of Land Mgmt.District Court, N.D. California · 2018
- Ballard E. Spencer Trust, Inc., a Corporation v. Rogers C. B. Morton, Secretary of the InteriorCourt of Appeals for the Tenth Circuit · 1976
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