BP America Production Company, Successor in Interest to Amoco Production Company, et al. v. Rejane Burton, Acting Assistant Secretary, Land and Minerals Management, Department of the Interior, et al. (549 U.S. 84)

U.S. Supreme Court · decided December 11, 2006 · Supreme Court Database (Spaeth)

Citation
549 U.S. 84 · 127 S. Ct. 638
Decided
December 11, 2006
Term
October Term 2006
Vote
7–0
Majority author
Justice Alito
Issue area
Judicial Power
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice Auto delivered the opinion of the Court. This case presents the question whether administrative payment orders issued by the Department of the Interior’s Minerals Management Service (MMS) for the purpose of assessing royalty underpayments on oil and gas leases fall within 28 U. S. C. § 2415(a), which sets out a 6-year statute of limitations for Government contract actions. We hold that this provision does not apply to these administrative payment orders, and we therefore affirm. I A The Mineral Leasing Act of 1920 (MLA) authorizes the Secretary of the Interior to lease public-domain lands to private parties for the production of oil and gas. 41 Stat. 437, as amended, 30 U. S. C. § 181 et seq. MLA lessees are obligated to pay a royalty of at least “12.5 percent in amount or value of the production removed or sold from the lease.” § 226(b)(1)(A). In 1982, Congress enacted the Federal Oil and Gas Royalty Management Act (FOGRMA), 96 Stat. 2447, as amended, 30 U. S. C. § 1701 et seq., to address the concern that the “system of accounting with respect to royalties and other payments due and owing on oil and gas produced from such lease sites [was] archaic and inadequate.” § 1701(a)(2). FOGRMA ordered the Secretary of the Interior to “audit and reconcile, to the extent practicable, all current and past lease accounts for leases of oil or gas and take appropriate actions to…

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