Public Lands: National Forests; Privately-Owned Minerals Surface Use: National Forests National Environmental Policy Act: Federal Surface Estate Court Jurisdiction, Procedure and Review: Law of the Case Doctrine

摘要

In this iteration of this longstanding dispute, two non-governmental organizations are appealing the lower court decision, Minard Run Oil Co. v. United States Forest Service, 894 F. Supp. 2d 642 [177 O.&G.R. 20] (WD. Pa. 2012) in favor of the oil companies' right to drill on national forest land. The following is a summary of the underlying facts of the earlier case that led to the appealed judgment and are taken from Minard Run Oil Co. v. United States Forest Service, 670 F.3d 236 [177 0.&G.R. 11 (3d Or. 2011). The United States, by virtue of the Weeks Act, Pub. L. No. 61-435, 36 Stat. 961 (1911), purchased large tracts in the eastern United States for the purpose of establishing national forests. These purchases were largely accomplished against a backdrop of coal development in the area and in order to purchase as many acres as possible the United States often-times allowed the grantors to reserve the mineral estates and merely transfer the surface estate to the United States. Some 93% of the minerals underlying the Allegheny National Forest are privately owned.