ELR Citation: ELR 20897
No(s). 91-5099 (D.C. Cir. May 11, 1992)

The court upholds a decision of the Department of the Interior's Board of Land Appeals (IBLA) rejecting a noncompetitive oil and gas lease offer for federal land. Applying Mineral Lands Leasing Act §226(b)(1), the IBLA determined that the type of land in question be leased only through competitive bidding. The court first holds that the IBLA considered the relevant factors and its determination evinces no clear error of judgment. The court next holds that the lower court did not abuse its discretion by granting the IBLA a protective order. Although the order effectively denies the appellant discovery, discovery is unnecessary because the district court's review is limited to the record compiled by the IBLA. The court also holds that the district court did not err in upholding the IBLA's denial of an evidentiary hearing, because such a formal evidentiary hearing is not generally required in such a proceeding. Moreover, petitioner never requested a hearing in writing as required and there is no indication as to how the absence of a formal hearing prejudiced him. Finally, the court holds that because the district court is limited to the agency record, the petitioner need not be afforded an opportunity to support his claim though discovery.

Counsel for Appellant
Steve R. Perles
1629 K St. NW, Washington DC 20006