United States Fifth Circuit

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Dunn-McCampbell Royalty Interest Inc. v. Nat'l. Park Serv., 09-40187

In an action seeking declaratory relief under the Administrative Procedure Act, arguing that the National Park Service's Oil and Gas Management Plan regarding the Padre Island National Seashore exceeded the Service's regulatory power over the Seashore because it denied plaintiff its rights of ingress and egress as provided by the special provisions of state and federal law that established the Seashore, judgment for plaintiff is reversed where, although the court assumed that the Service's normally broad regulatory authority over park lands was limited by the agreements between Texas and the Service that were made when the Seashore was established, those limitations did not provide the relief plaintiff sought.

Appellate Information

  • Decided 01/10/2011
  • Published 01/10/2011

Judges

  • E. Grady Jolly

Court

  • United States Fifth Circuit

Counsel