udall
tallman
argued
decided
march
since
promulgation
secretary
interior
consistently
construed
executive
order
public
land
order
relating
disposition
public
lands
located
kenai
national
moose
range
alaska
bar
issuance
oil
gas
leases
interpretation
made
repeated
matter
public
record
number
leases
developed
great
expense
reliance
therefore
interpretation
orders
unreasonable
courts
must
respect
pp
secretary
interpretation
executive
order
withdrew
lands
covered
settlement
location
sale
entry
disposition
except
fish
trap
sites
laws
applicable
alaska
though
interpretation
permitted
language
order
reasonable
interpretation
pp
wilbur
ex
rel
barton
app
aff
sub
nom
ex
rel
mclennan
wilbur
distinguished
pp
reasonableness
secretary
interpretation
public
land
order
follows
fortiori
reasonableness
interpretation
executive
order
wayne
barnett
argued
cause
petitioner
briefs
solicitor
general
cox
roger
marquis
edmund
clark
charles
wheatley
argued
cause
respondents
brief
robert
mccarty
briefs
amici
curiae
urging
reversal
filed
clayton
orn
marvin
sonosky
oscar
chapman
martin
friedman
marion
plant
marathon
oil
company
et
abe
fortas
joseph
ball
gordon
goodwin
francis
kirkham
turner
mcbaine
clark
clifford
richfield
oil
corporation
et
al
chief
justice
warren
delivered
opinion
issue
case
effect
executive
order
public
land
order
upon
secretary
interior
authority
issue
oil
gas
leases
october
january
griffin
persons
hereinafter
collectively
referred
griffin
lessees
filed
applications
oil
gas
leases
approximately
acres
located
kenai
national
moose
range
alaska
august
respondents
filed
offers
lease
lands
section
mineral
leasing
act
provides
relevant
part
person
first
making
application
lease
qualified
hold
lease
shall
entitled
lease
lands
without
competitive
bidding
stat
amended
stat
bureau
land
management
department
interior
determined
griffin
lessees
persons
applied
first
issued
leases
tracts
effective
september
respondents
applications
reached
processing
october
rejected
ground
lands
leased
prior
applicants
rejection
applications
respondents
appealed
director
bureau
land
management
secretary
interior
affirmed
decision
respondents
brought
action
nature
mandamus
district
district
columbia
compel
secretary
issue
oil
gas
leases
district
granted
summary
judgment
favor
secretary
dismissing
complaint
appeals
district
columbia
circuit
reversed
holding
executive
order
order
creating
moose
range
public
land
order
issued
secretary
withdrawn
lands
controversy
availability
leasing
mineral
leasing
act
lands
remained
closed
leasing
reopened
revised
departmental
regulation
august
therefore
held
griffin
applications
filed
land
closed
ineffective
rendering
leases
issued
nullities
respondents
persons
first
making
application
promulgation
regulation
held
entitled
leases
app
granted
certiorari
conclude
district
correctly
refused
issue
writ
mandamus
accordingly
reverse
decision
appeals
since
promulgation
secretary
consistently
construed
orders
bar
oil
gas
leases
moreover
interpretation
made
repeated
matter
public
record
griffin
leases
others
located
moose
range
developed
reliance
upon
secretary
interpretation
respondents
claim
relied
detriment
upon
contrary
construction
secretary
interpretation
may
one
permitted
language
orders
quite
clearly
reasonable
interpretation
courts
must
therefore
respect
mclaren
fleischer
bowles
seminole
rock
mineral
leasing
act
stat
et
seq
ed
gave
secretary
interior
broad
power
issue
oil
gas
leases
public
lands
within
known
geological
structure
producing
oil
gas
field
although
act
directed
lease
issued
tract
issued
first
qualified
applicant
left
secretary
discretion
refuse
issue
lease
given
tract
ex
rel
mclennan
wilbur
act
excluded
application
certain
designated
lands
exclude
lands
within
wildlife
refuge
areas
kenai
national
moose
range
created
executive
order
fed
reg
approximately
two
million
acres
public
domain
set
aside
refuge
breeding
ground
moose
order
provided
one
lands
excepting
defined
area
shall
subject
settlement
location
sale
entry
disposition
except
fish
trap
sites
laws
applicable
alaska
november
secretary
promulgated
first
general
regulation
dealing
issuance
oil
gas
leases
within
wildlife
refuges
provided
simply
leases
subjected
approved
unit
plan
contain
provision
prohibiting
drilling
prospecting
without
advance
consent
secretary
fed
reg
june
secretary
issued
public
land
order
fed
reg
public
lands
within
areas
alaska
including
portion
moose
range
excepted
executive
order
hereby
temporarily
withdrawn
settlement
location
sale
entry
classification
examination
aid
proposed
legislation
order
shall
take
precedence
shall
modify
reservation
kenai
national
moose
range
made
executive
order
december
public
lands
alaska
hereby
withdrawn
forms
appropriation
laws
including
mining
laws
laws
memorandum
dated
august
director
bureau
land
management
advised
regional
administrators
bureau
managers
local
land
offices
possible
revision
policy
regulations
leasing
wildlife
refuges
studied
directed
ending
completion
study
possible
revision
existing
regulations
suspend
action
pending
oil
gas
lease
offers
applications
lands
within
refuges
disputed
subsequent
memoranda
make
clear
memorandum
purport
prevent
either
issuance
leases
approval
national
office
continued
filing
lease
offers
late
early
number
individuals
filed
applications
oil
gas
leases
northern
half
moose
range
among
applications
griffin
lessees
action
suspended
accordance
directive
none
rejected
ground
land
question
closed
leasing
september
secretary
issued
public
land
order
fed
reg
revoking
entirety
public
land
order
granting
certain
preferences
provided
lands
described
paragraphs
order
remaining
unappropriated
shall
become
subject
application
petition
selection
form
appropriation
public
generally
may
authorized
laws
including
laws
commencing
day
date
order
unsurveyed
lands
described
paragraph
settled
upon
veterans
persons
entitled
credit
service
shall
become
subject
settlement
forms
appropriation
public
generally
including
leasing
laws
emphasis
added
december
anticipated
revision
regulation
promulgated
fed
reg
restrictive
old
regulation
gave
increased
power
fish
wildlife
service
approve
disapprove
oil
gas
development
refuges
listed
appendix
number
refuges
including
kenai
importance
preservation
rare
species
plant
animal
life
leasing
permitted
appendix
listed
certain
areas
including
small
part
moose
range
involved
respect
fish
wildlife
service
reports
oil
gas
development
might
seriously
impair
destroy
usefulness
lands
wildlife
conservation
purposes
appendix
areas
leasing
permitted
upon
approval
director
fish
wildlife
service
complete
detailed
operating
program
area
wildlife
areas
regulation
provided
il
gas
leases
may
issued
provided
contain
specified
conditions
requiring
approval
fish
wildlife
service
type
prospecting
conducted
adoption
lessee
unit
plan
approved
service
respondents
argue
even
assumed
clearly
case
regulation
treated
lands
controversy
open
leasing
regulation
probative
availability
lands
leasing
prior
therefore
evidence
secretary
viewed
lands
open
leasing
time
griffin
applications
filed
think
however
secretary
opinion
changing
status
part
moose
range
covered
appendix
rather
merely
imposing
additional
restrictions
leasing
therein
done
terms
express
used
regulation
refer
range
whole
reference
name
parts
range
specified
order
except
general
provision
il
gas
leases
may
issued
wildlife
refuges
though
specification
supports
inference
regulation
drafted
assumption
remainder
range
open
leasing
indirect
implication
however
clearly
confirms
preexisting
availability
range
technique
inappropriate
effecting
change
range
status
moreover
president
delegation
secretary
power
make
modify
withdrawals
directed
orders
issued
secretary
interior
authority
order
shall
designated
public
land
orders
shall
submitted
filing
publication
federal
register
executive
order
fed
reg
emphasis
added
may
document
labeled
public
land
order
legal
effect
constitute
exercise
power
however
secretary
meant
exercise
power
likely
done
manner
directed
president
delegation
bills
introduced
congress
early
restrict
oil
gas
leasing
wildlife
refuges
house
committee
merchant
marine
fisheries
subcommittee
merchant
marine
fisheries
senate
committee
interstate
foreign
commerce
held
extensive
hearings
thereon
bills
introduced
forbade
secretary
dispose
lands
wildlife
refuges
question
arose
hearings
whether
language
apply
issuance
oil
gas
leases
representative
department
asserted
without
contradiction
granting
oil
gas
lease
disposition
affected
language
proposed
hearings
house
committee
merchant
marine
fisheries
amendment
accordingly
proposed
specifically
restricting
oil
gas
leasing
neither
committee
reported
favorably
bills
however
house
committee
submitted
report
stating
decided
try
experimental
period
time
arrangement
whereby
proposed
alienation
relinquishment
interest
fish
wildlife
service
lands
jurisdiction
submitted
committee
within
days
approve
disapprove
action
contemplated
pp
resolution
issue
suggests
committee
accepted
department
view
secretary
authority
grant
oil
gas
leases
moose
range
concerned
way
exercised
discretion
pursuant
agreement
house
committee
merchant
marine
fisheries
held
public
hearings
july
proposal
fish
wildlife
service
issuance
oil
gas
leases
acres
northern
half
moose
range
located
within
area
encompassed
executive
order
lease
applications
filed
amicus
curiae
richfield
oil
corporation
others
proposal
contemplated
leases
subject
swanson
river
unit
plan
operation
approved
bureau
land
management
geological
survey
fish
wildlife
service
branches
department
interior
hearing
proposal
spokesman
national
wildlife
federation
urged
executive
order
precluded
issuance
leases
transcript
hearing
house
committee
merchant
marine
fisheries
july
lease
portions
kenai
national
moose
range
pp
see
pp
letter
july
deputy
solicitor
department
interior
hon
bartlett
delegate
congress
alaska
following
july
however
committee
chairman
advised
director
fish
wildlife
service
committee
unanimously
concluded
issuance
leases
detrimental
wildlife
values
moose
range
concurred
proposal
issue
leases
following
committee
approval
leases
issued
exploratory
well
drilled
oil
discovered
commercial
quantities
july
see
alaska
gov
secy
int
secy
int
swanson
river
leases
soon
became
subject
congressional
concern
secretary
interior
realizing
although
authority
issue
leases
dry
land
lacked
authority
respect
lands
beneath
alaskan
inland
navigable
waters
asked
congress
authority
issue
leases
alaskan
water
bottoms
add
leases
already
issued
alaska
applications
pending
water
bottoms
within
boundaries
senate
committee
reported
favorably
proposed
bill
saying
alaska
present
time
one
area
subject
mineral
leasing
act
oil
gas
known
exist
paying
quantities
kenai
peninsula
previously
described
prior
effective
date
act
producing
structure
kenai
defined
holders
upland
leases
areas
might
forced
compete
areas
beneath
adjacent
lakes
streams
committee
felt
result
work
disadvantage
lessees
developers
gone
ahead
developed
area
meanwhile
controversy
leasing
policies
followed
wildlife
refuges
resolved
adoption
january
another
complete
revision
regulation
fed
reg
cfr
revision
represented
victory
conservationists
altogether
prohibited
oil
gas
leasing
unless
necessary
prevent
draining
wildlife
refuges
two
exceptions
lands
withdrawn
dual
purpose
wildlife
refuges
located
alaska
lands
falling
within
two
excepted
categories
bureau
land
management
fish
wildlife
service
reach
agreements
specifying
lands
shall
subject
oil
gas
leasing
decide
provisions
required
leases
issued
remaining
lands
agreements
become
effective
upon
approval
secretary
publication
federal
register
regulation
provided
pending
offers
applications
heretofore
filed
oil
gas
leases
covering
game
ranges
coordination
lands
alaska
wildlife
areas
continue
suspended
agreements
referred
shall
completed
new
lease
applications
accepted
filing
tenth
day
agreements
noted
land
office
records
pursuant
regulation
published
federal
register
august
order
secretary
announcing
agreement
reached
respect
moose
range
fed
reg
order
decreed
certain
lands
within
range
essentially
southern
half
hereby
closed
oil
gas
leasing
activities
incompatible
management
thereof
wildlife
purposes
provided
balance
lands
within
kenai
national
moose
range
subject
filing
oil
gas
lease
offers
offers
lease
covering
lands
pending
upon
action
suspended
accordance
regulation
cfr
acted
upon
adjudicated
accordance
regulations
ease
offers
lands
excluded
leasing
accepted
filing
tenth
day
agreement
map
noted
records
land
office
soon
issuance
regulation
implementing
order
pending
applications
acted
upon
within
next
two
months
leases
covering
acres
issued
area
subject
executive
order
response
applications
including
griffin
lessees
filed
figures
added
covering
leases
issued
prior
primarily
swanson
river
area
appears
area
subject
executive
order
secretary
issued
total
leases
covering
acres
applications
filed
period
appeals
held
area
closed
leasing
thus
prior
commencement
instant
suit
secretary
leased
substantially
entire
area
controversy
solicitor
general
assures
us
lessees
assignees
turn
expended
tens
millions
dollars
development
leases
ii
faced
problem
statutory
construction
shows
great
deference
interpretation
given
statute
officers
agency
charged
administration
sustain
commission
application
statutory
term
need
find
construction
reasonable
one
even
result
reached
question
arisen
first
instance
judicial
proceedings
unemployment
aragon
see
also
gray
powell
universal
battery
particularly
respect
due
administrative
practice
stake
involves
contemporaneous
construction
statute
men
charged
responsibility
setting
machinery
motion
making
parts
work
efficiently
smoothly
yet
untried
new
power
reactor
electricians
construction
administrative
regulation
rather
statute
issue
deference
even
clearly
order
since
involves
interpretation
administrative
regulation
must
necessarily
look
administrative
construction
regulation
meaning
words
used
doubt
ultimate
criterion
administrative
interpretation
becomes
controlling
weight
unless
plainly
erroneous
inconsistent
regulation
bowles
seminole
rock
moreover
discussion
section
opinion
demonstrates
secretary
consistently
construed
executive
order
public
land
order
bar
oil
gas
leases
may
argued
facts
rulings
prove
usage
establish
validity
government
practical
affair
intended
practical
men
officers
citizens
naturally
adjust
action
executive
department
presumption
unauthorized
acts
allowed
often
repeated
crystallize
regular
practice
presumption
reasoning
circle
basis
wise
quieting
rule
determining
meaning
statute
existence
power
weight
shall
given
usage
even
validity
practice
subject
investigation
midwest
oil
practical
administration
act
officers
land
department
adopted
given
effect
latter
view
adopted
present
controversy
arose
thought
except
departure
soon
reconsidered
corrected
adhered
followed
ever
since
many
outstanding
titles
based
upon
much
said
support
reasonable
construction
act
least
admissible
one
therefore
comes
within
rule
practical
construction
given
act
congress
fairly
susceptible
different
constructions
charged
duty
executing
entitled
great
respect
acted
upon
number
years
disturbed
except
cogent
reasons
iii
executive
order
fed
reg
provided
none
lands
excepting
described
area
shall
subject
settlement
location
sale
entry
disposition
except
fish
trap
sites
laws
applicable
alaska
classification
lease
provisions
act
july
entitled
act
provide
leasing
public
lands
alaska
fur
farming
purposes
stat
title
secs
act
march
entitled
act
provide
protection
development
utilization
public
lands
alaska
establishing
adequate
system
grazing
livestock
thereon
stat
title
secs
settlement
location
sale
entry
terms
contemplating
transfer
title
lands
question
therefore
reasonable
secretary
construe
disposition
encompass
dispositions
like
four
enumerated
convey
lead
conveyance
title
example
grants
allotments
cf
opinion
solicitor
oil
gas
lease
vest
title
lands
lessee
see
boesche
udall
moreover
term
laws
ordinarily
used
refer
statutes
governing
alienation
public
land
generally
distinguished
mining
laws
referring
statutes
governing
mining
hard
minerals
public
lands
mineral
leasing
laws
term
used
designate
group
statutes
governing
leasing
public
lands
gas
oil
compare
title
public
lands
title
mineral
lands
mining
respondents
reliance
upon
wilbur
ex
rel
barton
app
aff
sub
nom
ex
rel
mclennan
wilbur
misplaced
involved
wilbur
meaning
language
contained
pickett
act
stat
president
may
time
discretion
temporarily
withdraw
settlement
location
sale
entry
public
lands
including
district
alaska
aid
proposed
legislation
affecting
use
disposition
petroleum
deposits
public
domain
public
lands
defined
area
million
acres
california
wyoming
hereby
temporarily
withdrawn
forms
location
settlement
selection
filing
entry
disposal
mineral
nonmineral
public
land
laws
geological
survey
bull
doc
quoted
mineral
leasing
act
changed
procedure
acquiring
oil
gas
rights
public
lands
secretary
empowered
issue
prospecting
permits
required
event
discovery
made
permit
issue
lease
entitled
lessee
extract
mineral
gave
right
land
therefore
language
pickett
act
longer
technically
encompassed
leasing
nonetheless
clear
act
specifically
designed
legitimize
orders
like
withdrawal
order
appeals
reasonably
concluded
wilbur
fact
congress
changed
procedure
location
leasing
acquisition
oil
gas
rights
afforded
reason
concluding
thereby
intended
cut
back
power
granted
app
thus
neither
holding
appeals
affirmance
way
casts
doubt
upon
reasonableness
secretary
interpretation
orders
bar
drafted
long
mineral
leasing
act
done
away
location
means
acquiring
oil
gas
rights
placement
fish
trap
exception
except
fish
trap
sites
phrase
admittedly
relating
alienation
title
land
tend
cut
secretary
interpretation
executive
order
however
appears
exception
designed
assure
alaskans
whose
livelihood
largely
dependent
salmon
catch
continue
despite
order
use
fish
traps
cf
organized
village
kake
egan
since
reassurance
technically
necessary
therefore
functionally
related
part
regulation
surprise
find
carelessly
placed
compare
executive
order
fed
reg
establishing
kodiak
national
wildlife
refuge
think
position
fish
trap
exception
sufficient
justify
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lands
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director
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bureau
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alaska
cong
rec
report
fiscal
year
ending
june
governor
alaska
stated
residents
alaska
major
oil
companies
continued
file
lease
applications
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parties
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parts
territory
kenai
moose
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kenai
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applications
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support
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senate
committee
interior
insular
affairs
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bill
gordon
goodwin
attorney
amicus
curiae
richfield
oil
corporation
testified
well
pending
years
applications
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range
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time
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order
secretary
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order
secretary
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oil
gas
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domain
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language
withdrawal
orders
fruitful
amici
curiae
list
executive
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land
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issued
contained
language
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mineral
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oil
union
oil
california
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respondents
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alaska
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alia
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