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30 U.S.C. § 226

Section 226 - Lease of oil and gas lands
Section 226 - Lease of oil and gas lands

5 Citing briefs

  1. San Juan Citizens Alliance et al v. United States Bureau of Land Management et al

    MOTION for Summary Judgment Plaintiffs' Opening Merits Brief

    Filed November 18, 2016

    11 The BLM-Forest Service leasing process consists of eight steps: (1) leasing analysis; (2) leasing decision; (3) verification; (4) BLM assessment; (5) sale by the BLM; (6) issuance of lease; (7) application for permit to drill; and (8) application for permit to drill to develop a field. 30 U.S.C. § 226(h). Coordination and responsibilities between the agencies is memorialized in an MOU.

  2. Western Energy Alliance v. Jewell et al

    MOTION to Dismiss for Lack of Jurisdiction Complaint Dkt. No 1, Counts II and III

    Filed November 9, 2016

    The Secretary, and by extension the BLM, also has considerable discretion in this regard. See WEA, 709 F.3d at 1044 (“The MLA . . . continues to vest the Secretary with considerable discretion to determine which lands will be leased”) (citing 30 U.S.C. §§ 226(a), 226(b)(1)(A)). Simply because a Petitioner member company has submitted an EOI for a particular parcel does not mean that the Secretary will determine that it is “available.”

  3. Solenex Llc v. Jewell et al

    MOTION for Summary Judgment

    Filed September 12, 2016

    This exclusive right is conditioned upon the payment of a royalty to the United States. 30 U.S.C. § 226(b)(1)(A). A federal oil and gas lease is both a conveyance of an interest in land and a contract.

  4. Uintah County et al v. Salazar et al

    REPLY to Response to Motion re MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support

    Filed January 17, 2014

    The Plaintiffs’ alleged injuries relating to oil and gas revenues would not be redressed by an order of this Court regarding their claims because the MLA gives BLM absolute discretion as to whether to lease particular parcels. See 30 U.S.C. § 226(a) (“All lands subject to disposition under this chapter which are known or believed to contain oil or gas deposits may be leased by the Secretary.”) (emphasis added); Udall, 380 U.S. at 4 (“Although the [MLA] directed that if a lease was issued on such a tract, it had to be issued to the first qualified applicant, it left the Secretary discretion to refuse to issue any lease at all on a given tract.”); see also W. Energy Alliance, 709 F.3d at 1044. The Tenth Circuit has consistently found that parties lack standing where the redress of their injuries depends on a leasing determination that is vested in the ultimate discretion of the Department of the Interior.

  5. Montana Environmental Information Center et al v. United States Bureau of Land Management et al

    Brief/Memorandum in Support re MOTION for Summary Judgment

    Filed October 20, 2011

    While BLM may deny an APD, it may do so only within the confines of the lease rights conferred to the lessee. 30 U.S.C. § 226(g); 43 C.F.R. §§ 3101.1-2, 3162.3-1(h) This case involves the second phase of BLM’s oil and gas framework, the execution of leases.