Western Energy Alliance v. Salazar

The United States Department of the Interior, Bureau of Land Management (bureau) (defendant) administered oil-and-gas lease sales pursuant to the Mineral Leasing Act. The Mineral Leasing Act, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987 (1987 reform act), provided that “leases shall be issued within the sixty days following payment by the successful bidder.” The bureau conducted a lease sale of parcels in Wyoming and Utah. The lease sale faced protests. Ultimately, the bureau proceeded with the lease sale and accepted bids for the lease parcels. Western Energy Alliance and several other energy companies (energy companies) (plaintiffs) were declared the highest qualifying bidders for a number of oil-and-gas leases in Wyoming and Utah from each state’s respective bureau offices. However, the secretary of the Department of the Interior failed to issue any of the protested leases during the 60-day period following payment by the energy companies that had bid successfully. The energy companies sued Secretary of the Interior Ken Salazar (defendant) to compel him to issue the pending leases to the energy companies. The secretary argued that the 1987 reform act’s provision providing that “leases shall be issued” simply meant that leases must be issued to the successful bidder if the secretary decides to issue the leases at all.