US DOJ Appeals Anadarko Oil Royalties Case For Interior Dept
March 30 2009 - 4:15PM
Dow Jones News
The U.S. Department of Justice Monday asked a federal appeals
court to reconsider an oil royalty case that could cost the the
federal government billions of dollars in lost fees.
The case could set a precedent for a large number of other
leases issued in 1996 to 2000, and the federal government could
lose the royalties revenues from those leases.
In January, a federal appellate court sided with Anadarko
Petroleum Corp. (APC) in a closely-watched case on oil and natural
gas royalties that determined the government couldn't collect
revenue from eight Gulf of Mexico leases.
The DOJ, on behalf of the Interior Department, is now asking for
the full appellate panel to hear the case. If the Fifth Circuit
Court of Appeals in New Orleans rejects the request, the DOJ could
consider filing for the Supreme Court to hear the case.
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. Kerr-McGee, now owned by
Anadarko, disputes $157 million in royalties the government says
the firm owes. The company argued 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 scandals that gave fodder
to Democratic lawmakers who are seeking to move the country away
from fossil fuel use and towards 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