US DOJ Petitions Supreme Court In Anadarko Royalty Case
July 13 2009 - 5:16PM
Dow Jones News
The U.S. Department of Justice on Monday appealed to the Supreme
Court to reject a lower-court ruling that blocked the Interior
Department from collecting as much as $10 billion in oil fees.
In January, a federal appellate court sided with Anadarko
Petroleum Corp. (APC) in a controversial and precedent-setting
case, finding the government couldn't collect royalties from eight
oil and natural gas production leases in the Gulf of Mexico.
Though the case involved only Kerr McGee leases now owned by
Anadarko, the ruling affects a raft of other oil and natural gas
companies that had signed leases in the Gulf between 1996 and 2000.
Estimates vary, but the government said it could mean $10 billion
in royalties never recovered.
The leases were signed under the Outer Continental Shelf Deep
Water Royalty Relief Act of 1995 - designed to encourage expensive
offshore oil and gas development. Anadarko argues the law
specifically prevented the collection of royalties until a minimum
volume of oil and gas production had been met, while the DOI says
the law gave it discretion to collect royalties at a price
threshold.
The case is one of several oil-royalty issues that gave fodder
to Democratic lawmakers who are seeking to move the country away
from fossil-fuel use and toward renewable energy.
Interior Secretary Ken Salazar has said he will restructure the
royalty program, raising rates for oil companies and revenues for
the federal government.
-By Ian Talley, Of Dow Jones Newswires, 202-862-9285;
ian.talley@dowjones.com