Resource Management: Mineral Leasing Act Requires Only The Decision To Issue Lease--Not The Actual

Tuesday, April 30, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 4
 

Energy companies must wait to have an appellate court review a trial court’s interpretation of the Mineral Leasing Act because the administrative-remand rule prevented the appellate court from hearing the appeal.

Facts: Eight energy companies sought to force the Bureau of Land Management (BLM) to issue 118 pending oil and gas leases that the energy companies had paid for. Under the Mineral Leasing Act, energy companies can bid on oil and gas leases. The BLM then sells the leases to the high bidders. The Mineral Leasing Act requires the BLM to issue the leases “within sixty days following payment by the successful bidder[.]” 30 U.S.C. § 226(b)(1)(A). Here, the eight energy companies paid the BLM over $2 million for the leases, but the BLM did not issue the leases. The BLM did not even determine if it would issue the leases within sixty days because of protests pending against the leases.

The energy companies sued[..]

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