Federal preference right coal leases: how much right really exists

Journal Article · Mon Jan 01 04:00:00 EST 1979 · Nat. Resour. Lawyer; (United States)

OSTI ID:5698913

Johns, R B

The holder of a coal prospecting permit has traditionally had a vested right to a coal lease if he can show by the prudent man test that he has discovered commercial quantities of coal in the permit area. The Secretary of the Interior is authorized to alter the criteria for proving commercial quantities and setting new standards, which are applicable to all pending lease applications. The moratorium on preference-right leasing may have been illegal. If the Department of the Interior continues a de facto moratorium or continues to delay the issuance of preference-right leases, permittees may have a viable cause of action for mandamus or other appropriate relief. The permittee rights and restrictions are examined under the terms of the National Environmental Policy Act (NEPA), the Mineral Leasing Act, and as a result of the Berklund and Hughes decisions. Future leasing may be delayed until the mid-1980s unless the injunction issued in the Hughes Decision can be overturned or circumvented. 113 references.

• Research Organization: Jones, Waldo, Holbrook and McDonough, Salt Lake City, UT
• OSTI ID: 5698913
• Journal Information: Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 12:2; ISSN NRLAD
• Country of Publication: United States
• Language: English

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