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BP America Production Co. v. Burton

Docket No.: 05-669
Certiorari Granted: 4/17/2006
Argued: October 4, 2006
Decided: December 11, 2006

Topics:

Civil Rights Act, Civil Rights Act of 1964, EPA, Title VII

PartyNames: BP AMERICA PRODUCTION CO., successor in interest to AMOCO PRODUCTION CO., et al. v. BURTON, ACTING ASSISTANT SECRETARY, LAND AND MINERALS MANAGEMENT, DEPARTMENT OF THE INTERIOR, et al.
Petitioner: BP America Production Co.
Respondent: Burton

Court Below: United States Court of Appeals for the District of Columbia Circuit

BP America Production Co.
v.
Burton
549 U.S. 84 (2006)
Background:

The Mineral Leasing Act of 1920 ("MLA"), 41 Stat. 437, codified as 30 U .S.C. § 181 et. seq., provides for the payment of royalties on oil and gas from federal leases based on the "value of production removed or sold from the lease." 30 U.S.C. § 226(b)(I)(a). This case concerns the proper construction of that provision and the agency regulations promulgated thereunder. It also concerns the scope of the statute of limitations codified at 28 U.S.C. § 2415(a), which applies to "every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract * * * ."

Consideration Limited:

LIMITED TO QUESTION 2 PRESENTED BY THE PETITION. CHIEF JUSTICE ROBERTS AND JUSTICE BREYER TOOK NO PART.

Question Presented:

1. Whether the MLA, or the agency regulations promulgated thereunder, require lessors to pay royalties based on the value of production as determined at the leasehold location of production, or instead based on the enhanced value of production after it has been transported away from the lease and conditioned to a higher quality at offlease treatment plants.2. Whether -- contrary to the decision below but consistent with decisions of the Tenth and Federal Circuits -- the limitations period in 28 U.S.C. § 2415(a) applies to federal agency orders requiring the payment of money claimed under a lease or other agreement.

Question:

Does the six-year statute of limitations for government actions for monetary damages in 28 U.S.C. 2415(a) govern the issuance of administrative orders, as opposed to the government's filing of a complaint in court?

BP America Production Co. v. Burton
ORAL ARGUMENT

Oct 4 2006

BP America Production Co. v. Burton Oral Argument Transcript (PDF)
Holding: affirmed
Vote: 7-0
Recused: Chief Justice Rober
Opinion By:
Read BP AMERICA PRODUCTION CO. V. BURTON opinion (PDF)

Read opinion

Other Resources for BP America Production Co. v. Burton:
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