Southern Ute Indian Tribe v. Amoco Production Co.

SEYMOUR, Chief Judge.

OPINION ON REHEARING EN BANC

This case arose from the relatively recent development of technology that has made coal bed methane (CBM) commercially valuable. The Southern Ute Indian Tribe (the Tribe) appealed the district court’s grant of summary judgment to defendants Amoco Production Company and others on the Tribe’s claim to ownership of coal bed methane contained in coal acquired by the Tribe as successor in interest to a statutory reservation of coal to the United States. The Tribe also appealed the district court’s grant of summary judgment to the Secretary of the…