Udall v. Tallman

LOCATION: United States Post Office and Courthouse

DECIDED BY: Warren Court (1962-1965)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit

CITATION: 380 US 1 (1965)
ARGUED: Oct 22, 1964 / Oct 26, 1964
DECIDED: Mar 01, 1965

Facts of the case


Media for Udall v. Tallman

Audio Transcription for Oral Argument - October 26, 1964 in Udall v. Tallman

Audio Transcription for Oral Argument - October 22, 1964 in Udall v. Tallman

Earl Warren:

Stewart L. Udall, Secretary of the Interior, Petitioner, versus James K. Tallman et al.

Mr. Barnett.

Wayne G. Barnett:

Mr. Chief Justice, may it please the Court.

The Mineral Leasing Act of 1920 authorizes the Secretary of the Interior to issue oil and gas leases on the public lands.

By its terms, that statute is fully applicable to areas that have been withdrawn or set aside for use as wildlife refuges.

This case involves the validity of oil and gas leases issued by the Secretary of Interior under that Act and the Kenai National Moose Range in Alaska.

At page 17 of the record, you'll find a map of the Kenai Peninsula and the insert at the lower right shows the relationship of the Peninsula to Alaska.

The larger map shows the boundaries of the Moose Range on the Peninsula.

The Moose Range was created in 1941 by order of President Roosevelt which set it aside for the use by the Department of the Interior as a refuge for wildlife, primarily for the giant Kenai moose.

This large exhibit involves and furnished to do with individual copies of the same exhibit for your convenience but it shows the Moose Range divided into three separate parts.

Each of which has a somewhat different status.

The one on the right, that large area which we have labeled area one was withdrawn by the original Executive Order 1941, Executive Order 8979 withdrew that area and only that area from a settlement, location, sale or entry or other disposition.

And the basic question in the case will be what that means.

The two areas on the right -- I'm sorry, on the left, your left were accepted from the original order.

However, the one on the bottom which we call area two was seven years later withdrawn by a public land order issued by the Secretary of Interior is at that time was withdrawn from settlement location, sale or entry.

The third area, top on the left, area three, was never withdrawn by either order.

It in fact is wholly irrelevant to this case and we have it there only for the sake of completeness and I won't -- again refer to it.

The colored areas on the map represent oil and gas leases, leases issued by the Secretary of the Department of Interior, all on applications which were filed during 1954 and 1955.

William O. Douglas:

All colors are leases?

Wayne G. Barnett:

All the colors.

The lease -- the difference in the colors is the time the leases were issued.

The applications were all filed at the same time.

William O. Douglas:

The white is not leased?

Wayne G. Barnett:

I'm sorry?

William O. Douglas:

The white portions are not leased.

Wayne G. Barnett:

The white portions are not leased.

William J. Brennan, Jr.:

Except for those areas two and three that were pulled out later.

Wayne G. Barnett:

No, they were also leased and --

William J. Brennan, Jr.:

There is white up there?

Wayne G. Barnett:

Well, some of it is white, that's right.