Minard Run Oil Company, et al. v. United States Forest Service, No. 12-4160, 2013 U.S. App. LEXIS 19664 (3d Cir. Sept. 26, 2013)

(case involves dispute over split-estate property rights of surface owner (federal government) and mineral rights owned by private parties with respect to property in Allegheny National Forest; federal government acquired surface estates via 1911 legislation and beginning in 1980 government and private parties used cooperative process in managing and use of surface for oil and gas drilling under which private owners would give notice to government of planned drilling and government would formally acknowledge receipt of notice; environmental activist groups sued claiming that notice acknowledgement was "major federal action" under NEPA which triggered environmental analysis via NEPA (an environmental impact statement (EIS); settlement agreement entered into in 2009 where federal government agreed to conduct such analysis before issuing acknowledgment of notice; plaintiff sued, claimed that defacto ban on drilling exceeded government's authority because NEPA EIS not required as matter of law; trial court granted plaintiff's motion for preliminary injunction; appellate court affirmed; returning to trial court action, plaintiff then moved for summary judgment, final declaratory judgment and permanent injunction and vacation of preliminary injunction; trial court granted plaintiff's motion in part, but denied request for permanent injunction; settlement agreement vacated and final declaratory judgment entered on merits; environmental activist groups appealed; court's prior ruling that 1911 Act provides that reserved mineral rights are subject only to regulations in the instrument of conveyance not clearly erroneous; case affirmed).