Entek GRB, LLC v. Stull Ranches, LLC

840 F.3d 1239, 2016 U.S. App. LEXIS 20134, 2016 WL 6595897
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 8, 2016
Docket15-1267
StatusPublished
Cited by41 cases

This text of 840 F.3d 1239 (Entek GRB, LLC v. Stull Ranches, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Entek GRB, LLC v. Stull Ranches, LLC, 840 F.3d 1239, 2016 U.S. App. LEXIS 20134, 2016 WL 6595897 (10th Cir. 2016).

Opinions

GORSUCH, Circuit Judge.

Law of the case doctrine permits a court to decline the invitation to reconsider issues already resolved earlier in the life of a litigation. It’s a pretty important thing too. Without something like it, an adverse judicial decision would become little more than an invitation to take a mulligan, encouraging lawyers and litigants alike to believe that if at first you don’t succeed, just try again. A system like that would reduce the incentive for parties to put their best effort,into their initial submissions on an issue, waste judicial resources, and introduce even more delay into the resolution of lawsuits that today often already take long enough to resolve. All of which would “gradually] undermin[e] .., public confidence in the judiciary.” McIlravy v. Kerr-McGee Coal Corp., 204 F.3d 1031, 1035 (10th Cir. 2000); Charles Alan Wright et al., 18B Fed. Prac. & Proc. Civ. § 4478 (2d ed. 2002) (the doctrine embodies “[t]he basically simple principle of disciplined self-consistency”).

To us this appeal appears a textbook case for the doctrine’s application, Two years ago, - Entek appealed a district court decision holding that it could not cross Stull’s surface estate to access minerals lying under other estates in the same unitized area. Stull defended the district court’s decision on two grounds. First, it [1239]*1239said the doctrine of issue preclusion mandated the result. Second and besides, it said the district court’s judgment was right on the merits because nothing in the Mineral Leasing Act (MLA) permitted En-tek the access it sought. This court rejected both arguments for affirmance and returned the matter to the district court. See Entek GRB, LLC v. Stull Ranches, LLC, 763 F.3d 1252 (10th Cir. 2014) (“Entek I”). Eventually and following this court’s guidance, the district court entered judgment for Entek. All the same, in this- second appeal Stull invites us to reconsider many of the same issues we considered and resolved in the first appeal. Law of the case doctrine rightly bars the way, precluding the relitigation of issues-either expressly or implicitly resolved in prior proceedings in the same court. See Dobbs v. Anthem Blue Cross & Blue Shield, 600 F.3d 1275, 1280 (10th Cir. 2010) (“[T]he law of -the case doctrine applies to issues previously decided, either explicitly or by necessary implication.” (internal quotation marks omitted)); Wright et al., supra, § 4478 (“The decision of an issue need not be express to establish the law of the case. Implicit decision suffices.”).

To be sure, Stull seeks to persuade us that the issues it wishes to pursue are really new ones, matters neither explicitly nor implicitly passed on in the first appeal. But with one possible exception we will come to in a momeht, we don’t see it.

Consider Stull’s first and primary argument. Stull says that a “savings clause” adopted as part of the MLA in 1946 guaranteed that its surface rights would never be invaded. But the statutory language Stull points- to says simply that the MLA doesn’t “affect any right acquired under the law as it existed” and that any such right “shall be governed by the law in effect at the time of its acquisition.” An Act to Amend the Mineral Leasing Act of Feb. 25, 1920, Pub. L. No. 79-696, § 15, 60 Stat. 950, 958 (1946). That, of course, invites the question: what rights did Stull have at the time of the' MLA’s amendment in 1946? The parties do not dispute that Stull’s pre-1946 surface patents came subject to an express reservation allowing the'government to “prospect for, mine, and remove” subsurface minerals pursuant to the Stock-Raising Homestead Act of 1916. And the last time this case was before this court we-expressly held that the 1916 Act reserved to the government the right to enter and use “so much of the surface” as might be “reasonably incident” to mine and remove minerals—and to enact, future laws regarding the disposition of the mineral estate, including laws permitting Entek to traverse Stull’s surface estate. Entek I, 763 F.3d at 1254 (quoting 43 U.S.C. § 299(a)). So it is that, in the end,, we could not rule for Stull in this appeal without revisiting and revise ing our judgment in the last appeal concerning the effect of the 1916 Act and later laws passed under, its terms.

Much the same story repeats itself when we approach three of Stull’s other arguments. First, Stull suggests that the Secretary of the Interior lacks statutory authority under 30 U.S.C. § 226(m) to alter surface access rights in .-unitized areas for purposes of mineral exploration. But the.last time the case was here we expressly held that the statute affords the Secretary just this authority. Entek I, 763 F.3d at 1255-56. Second, Stull contends that we should afford Chevron deference to an administrative interpretation of the relevant statutory law: Int’l Petroleum & Expl. Operating Corp., 178 I.B.L.A.. 1 (2009). But we couldn’t do that much without abrogating our ruling last time around that this administrative case fails to speak at all to § 226(m) or the specific unitization agreement at issue here. Entek I, 763 F.3d at 1257 n.3. Third, Stull contends that the [1240]*1240district court , erred in failing to hold the United States an indispensable party. But the district-court issued its ruling on that question before the first appeal, Stull initiated a cross-appeal on the issue as part of the first appeal, and it then later chose to withdraw its cross-appeal. And under this circuit’s law of the case doctrine, “[a] legal decision made at one stage of litigation, unchallenged in a subsequent appeal when the opportunity to do so existed, [generally] becomes the law of the case.” Concrete Works of Colo., Inc. v. City & Cty. of Denver, 321 F.3d 950, 992 (10th Cir. 2003).

Of course, the decision whether to apply law of the case doctrine x-emains a matter of judicial discretion. See Messinger v. Anderson, 225 U.S. 436, 444, 32 S.Ct. 739, 56 L.Ed. 1152 (1912). As Judge Phillips once explained (if while sitting outside the circuit), we may exercise the discretion to entertain relitigation of settled issues when the failure to do so would work “a manifest injustice.” White v. Murtha, 377 F.2d 428, 431-32 (5th Cir. 1967); see also Huffman v. Saul Holdings Ltd. P’ship, 262 F.3d 1128, 1133 (10th Cir. 2001); Wright et al., supra, § 4478.

Stull' has not convinced us anything like that exists here. Stull suggests it was surprised the court addressed the merits issues it presented in the first appeal.

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Bluebook (online)
840 F.3d 1239, 2016 U.S. App. LEXIS 20134, 2016 WL 6595897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/entek-grb-llc-v-stull-ranches-llc-ca10-2016.