Case law · Highest court · Federal

Udall v. Tallman

Decided
April 26, 1965
Docket
34
Status
Published
Jurisdiction
Federal

Cited 3,144 timesNo negative treatment found in this library

What later courts said

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How the opinion begins

Mr. Chief Justice Warren delivered the opinion of the Court.

At issue in this case is the effect of Executive Order No. 8979 and Public Land Order No. 487 upon the Secretary of the Interior’s authority to issue oil and gas leases.

Between October 15, 1954, and January 28, 1955, D. J. Griffin and other persons — hereinafter collectively referred to as the Griffin lessees — filed applications for oil and gas leases on approximately 25,000 acres located in the Kenai National Moose Range in Alaska. On August 14, 1958, the respondents filed offers to lease the same lands. Section 17 of the Mineral Leasing Act of 1920 provides, in relevant part, that “the person first making application for the lease who is qualified to hold a lease . . . shall be entitled to a lease of such lands without competitive bidding. . . .” 41 Stat. 443 (1920), as amended by 60 Stat. 951 (1946), 30 U. S. C. § 226 (1958 ed.). The Bureau of Land Management of the .Department of the Interior determined that the Griffin lessees were the persons who had applied first, and issued to them leases on the tracts, effective September 1, 1958. Respondents’ applications were reached for processing in [*3] October 1959, and were rejected on the ground that the lands had been leased to prior applicants. [1]

Statutes cited

Cite this

Udall v. Tallman, 380 U.S. 1 (1965)

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