Legal Opinion

Black Butte Coal Co. v. United States

District Court, D. Wyoming

Decided March 2, 1999No. 2:98-cv-00022PublishedCited by 5 opinions

1Opinion of the Court

ORDER REVERSING ADMINISTRATIVE DECISION

BRIMMER, District Judge.

This review of agency action brings about a unique circumstance. At issue is whether the Mineral Management Service (“MMS”) properly assessed royalties under a federal coal lease on “deferral payments.” Black Butte and Idaho Power had entered into a contract where Black Butte would supply Idaho Power coal for its new power plant. However, Idaho Power was not able to accept the coal for the time it was scheduled to be delivered. Idaho Power then paid Black Butte deferral payments as reimbursement for idle mine expenses incurred as…

2Cases cited6 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Don Olenhouse v. Commodity Credit CorporationCourt of Appeals for the Tenth Circuit · 1994
  3. Independent Petroleum Association of America v. Bruce BabbittCourt of Appeals for the D.C. Circuit · 1996
  4. In Re Century Offshore Management Corporation, Debtor. United States of America v. Century Offshore Management CorporationCourt of Appeals for the Sixth Circuit · 1997
  5. Black Butte Coal Co. v. United StatesUnited States Court of Federal Claims · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Shoshone Indian Tribe of Wind River Reservation v. United StatesUnited States Court of Federal Claims · 2003
  2. EEX Corp. v. United States Department of the InteriorDistrict Court, District of Columbia · 2000
  3. Western Organization of Resource Councils v. Bureau of Land ManagementDistrict Court, D. Wyoming · 2008
  4. Chevron USA Production Co. v. U.S. Department of InteriorDistrict Court, District of Columbia · 2003
  5. Pennaco Energy, Inc. v. United States Department of the InteriorDistrict Court, D. Wyoming · 2003

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