Employee error or dishonesty not grounds for reinstating federal oil and gas leases

Journal Article · Thu Apr 01 04:00:00 EST 1982 · Nat. Resour. J.; (United States)

OSTI ID:6672403

Castille, R D

The Tenth Circuit Court of Appeals deferred to a line of administrative law decisions holding employers responsible for the action or inaction of their employees in making annual federal oil and gas lease payments. The appeal to the United States Supreme Court, if heard, will ask the Court to break with administrative law precedent even though the Ninth and Tenth Circuit courts of appeals have supported these administrative decisions. The Ninth and Tenth Circuits have appellate jurisdiction in the West where the United States government has vast holdings subject to mineral leases. On appeal, the Court will be asked to give relief to petitioners in situations similar to those in which Congress itself has passed private laws reinstating leases. Unless Congress expresses dissatisfaction with the Secretary's narrow but consistent interpretation of reasonable diligence and justifiable, the United States Supreme Court will likely defer to the Secretary's construction of the statute. If the number of private relief bills before Congress increases, Congress may find it necessary to amend Section 188 (c) to require the Secretary to grant administrative relief in situations similar to this case. Until then, this Tenth Circuit decision will likely remain law. 25 references.

• OSTI ID: 6672403
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 22:2; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

02 PETROLEUM
021000 -- Petroleum-- Legislation & Regulations
03 NATURAL GAS
031000 -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294002* -- Energy Planning & Policy-- Petroleum
294003 -- Energy Planning & Policy-- Natural Gas
ERRORS
INDUSTRY
LAWSUITS
LEASES
LIABILITIES
NATURAL GAS INDUSTRY
PERSONNEL
PETROLEUM INDUSTRY