Andrus vs Shell Oil Co: portent for the future

Journal Article · · Environ. Law; (United States)

OSTI ID:6432644

Martin, J B

The decision in the subject case by the Supreme Court changes the discovery requirement and introduces other possible legal revisions. The history of discovery laws is reviewed from the Mineral Location Law of 1872 to their status prior to the Shell decision. The review describes and compares the prudent man test and the marketability or present value test. A history of the Andrus vs Shell Oil Co. suit procedures is followed by an analysis of the Supreme Court decisions and its implications. The decision does not include a present-value criterion for claims made before 1920, and does not clarify whether the prudent man test established in earlier litigation remains valid. At issue is whether public lands are to be managed primarily for mining. Further legislation cannot be avoided as mineral claims press the courts to make the marketability test valid. (DCK)

• Research Organization: Lewis and Clark Coll., Portland, OR
• OSTI ID: 6432644
• Journal Information: Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 11:3; ISSN EVLWA
• Country of Publication: United States
• Language: English

Related Subjects

04 OIL SHALES AND TAR SANDS
042000 -- Oil Shales & Tar Sands-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294004* -- Energy Planning & Policy-- Oil Shales & Tar Sands
BITUMINOUS MATERIALS
CARBONACEOUS MATERIALS
COURTS
ENERGY SOURCES
FOSSIL FUELS
FUELS
INDUSTRY
LAWS
LAWSUITS
MATERIALS
MINERAL RIGHTS
MINING LAWS
OIL SHALE INDUSTRY
OIL SHALES
PUBLIC LANDS