energy company within sixty days of payment to the Bureau of Land Management (BLM). Appellants (collectively Energy Companies) brought suit seeking to compel the Secretary to issue 118 pending leases on which they were the high bidders and more than sixty days had passed since they had paid BLM in full.
The district court construed 30 U.S.C. § 266(b)(1)(A) as imposing a mandate on the Secretary to decide whether to issue such pending oil and gas leases within sixty days of payment, and ordered BLM to make such decisions regarding the still pending leases of Energy Companies within thirty days. Energy Companies appeal the district court's order and continue to assert that § 266(b)(1)(A) requires the Secretary to issue such pending leases within sixty days rather than merely make a decision on whether the leases will be issued. The Appeals Court held that the district court's order was not a "final decision" for purposes of 28 U.S.C. § 1291. The Appeals Court ruled, "Accordingly, under the administrative-remand rule we lack jurisdiction and dismiss the appeal.