UPDATE: US Supreme Court Declines To Hear Oil, Gas Royalty Case
October 05 2009 - 3:19PM
Dow Jones News
The U.S. government will forfeit at least $19 billion in oil
royalties after the Supreme Court decided Monday it wouldn't hear a
case that has pitted the nation's oil companies against the
Interior Department.
The country's top court declined to hear the government's
challenge to a lower-court ruling that blocked the Interior
Department from collecting oil fees from some leasing contracts
signed in the 1990s. The petition was the government's last legal
opportunity to claim royalties from those contracts.
The case was one of several oil-royalty issues that gave fodder
to Democratic lawmakers seeking to move the country away from
fossil-fuel use in favor of renewable energy. Democrats are now
considering repealing a raft of petroleum industry tax breaks and
incentives that could add $80 billion in new taxes and fees
companies would have to pay to the government over the next
decade.
In January, a New Orleans-based federal appeals 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 Oil and Gas Corp.
leases now owned by Anadarko, the ruling affects dozens of other
oil and natural gas companies that had signed leases in the Gulf
between 1996 and 2000. Estimates vary, but the government said in
its Supreme Court petition that the lower-court ruling could mean
at least $19 billion in foregone royalties.
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 argued the law
specifically prevented the collection of royalties until a minimum
volume of oil and gas production had been met, while the Interior
Department said the law gave it discretion to collect fees at a
price threshold.
"The Department, under the Clinton and Bush administrations,
took the position that once the price of oil and gas reaches a
certain level, oil and gas royalties should be collected...In my
view, they were correct," Interior Secretary Ken Salazar said in a
statement.
"We will work with all involved in the days ahead to determine
the best way forward," Salazar added, without elaborating.
Outside the court system, Democratic lawmakers have tried to
leverage payment of the royalties they believe are owed to the
government. Several legislators have drafted bills that would
prevent oil companies from winning new leases unless they
negotiated a settlement. Such laws, however, are likely to be
successfully challenged in court.
While those efforts have largely been dropped, Democrats in
Congress are pushing forward with plans to cut tax breaks to the
oil industry, and Salazar is restructuring the oil royalty program,
including the possibility of raising rates for oil companies.
Jack Gerard, President of the American Petroleum Institute, said
in a statement the Deep Water Royalty Relief Act had helped to
boost production by 50%. That, he said, was a boon to the economy
itself, creating jobs and new government revenues.
"Going forward, we trust Congress will continue to pursue
constructive energy policies that benefit the American people,
while resisting the urge to take steps that attempt to change the
rules of the game midstream and that discourage investment," Gerard
said.
The industry says punitive new taxes would likely affect future
production of oil and gas.
By Ian Talley, Dow Jones Newswires; (202) 862 9285;
ian.talley@dowjones.com