Norfolk Energy, Inc. v. Donald Hodel, Secretary of the Interior of the United States

The Bureau of Land Management (“BLM”) imposed a $250 fine on Norfolk Energy, Inc. (“Norfolk”) after the company refused to supply schematic drawings of its natural gas facilities located on nonfederal and non-Indian land within two federally approved gas production units. The Interi- or Board of Land Appeals (“the IBLA”) upheld the fine, ruling that BLM had authority under federal statute and regulations to request the schematic drawings and to impose the fine. The district court held that Norfolk failed to establish that the IBLA decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and granted summary judgment for the government. On appeal, Norfolk contends that the IBLA decision conflicts with controlling statutory authority and erroneously interprets federal regulations, and that regulation of the Tiger Ridge and Bullhook facilities violates the company’s constitutional rights. We have jurisdiction over the district court’s final order under 28 U.S.C. § 1291 . We affirm.

BACKGROUND

I. Facts and Procedural History

Norfolk is a Montana corporation that produces natural gas and operates several natural gas production “units.” Two…