· 3/18/1968
Poafpybitty v. Skelly Oil Co.
Citations
- 390 U.S. 365
- 88 S. Ct. 982
- 19 L. Ed. 2d 1238
- 1968 U.S. LEXIS 2924
- 42 Oil & Gas Rep. 55
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Indian lessors have sufficient property interests to maintain an action seeking damages for the alleged breach of an oil and gas lease
- observing that under the Act “[t]he Secretary is authorized to promulgate regulations controlling the operation and development of the lease and to issue necessary written instructions to the lessee”
- explaining, with regard to 25 U.S.C. § 396 and regulations in force at that time that “the United States has exercised supervisory authority over oil and gas leases in considerable detail.”
- Secretary not lessor in oil and gas leases on Indian land and cannot grant leases on his own authority
- Regulations promulgated by the Secretary of the Interior do not deprive Indians of standing to sue under a lease
- although approval of Secretary is required, “he is not the lessor” of Indian lands
Source: CourtListener parenthetical corpus (CC0).
Judges: Warren, Marshall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.