Amoco Production Co. v. Southern Ute Tribe, 526 U.S. 865, 3 (1999)

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Cite as: 526 U. S. 865 (1999)

Opinion of the Court

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Stephen B. Kinnaird, Charles L. Kaiser, Gary L. Paulson, Rebecca S. McGee, and David E. Brody.

Thomas J. Davidson, Deputy Attorney General of Wyoming, argued the cause for the State of Montana et al. as amici curiae urging reversal. With him on the brief were Gay Woodhouse, Attorney General of Wyoming, and Drake D. Hill and Cynthia Lamb Harnett, Senior Assistant Attorneys General, joined by Jan Graham, Attorney General of Utah, Heidi Heitkamp, Attorney General of North Dakota, Joseph P. Mazurek, Attorney General of Montana, and Patricia A. Madrid, Attorney General of New Mexico.

Jeffrey P. Minear argued the cause for the federal respondents. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Elizabeth Ann Peterson, and John D. Leshy.

Thomas H. Shipps argued the cause for respondent Southern Ute Indian Tribe. With him on the brief were Frank E. Maynes, Scott B. McElroy, Alice E. Walker, and Michael T. McConnell.*

Justice Kennedy delivered the opinion of the Court. Land patents issued pursuant to the Coal Lands Acts of 1909 and 1910 conveyed to the patentee the land and everything in it, except the "coal," which was reserved to the United States. Coal Lands Act of 1909 (1909 Act), 35 Stat.

*Briefs of amici curiae urging reversal were filed for Campbell County, Wyoming, by S. Thomas Throne; for the Coal Bed Methane Ad Hoc Committee et al. by L. Poe Leggette; for the Independent Petroleum Association of Mountain States by William R. Rapson and Mary Viviano Laitos; for La Plata County, Colorado, by Michael A. Goldman, Jeffery P. Robbins, and Sheryl Rogers; and for the Mountain States Legal Foundation et al. by William Perry Pendley and Steven J. Lechner.

Harold P. Quinn, Jr., filed a brief for the National Mining Association as amicus curiae urging affirmance.

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