Hickel v. The Oil Shale Corp. (TOSCO)

400 U.S. 48 (1970)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Hickel v. The Oil Shale Corp. (TOSCO)

United States Supreme Court
400 U.S. 48 (1970)

  • Written by Tanya Munson, JD

Facts

The General Mining Act of 1872 (the 1872 Act) governed claims to oil shale. Section 28 of the 1872 Act provided that until a patent is issued, “not less than $100 worth of labor shall be performed, or improvements made during each year.” In 1920, Congress enacted Section 21 of the Mineral Lands Leasing Act (the 1920 Act). Section 21 made oil-shale lands that were open to location and acquisition of title available only by lease. Section 37 of the 1920 Act contained a savings clause that covered valid claims in existence on February 25, 1920, “and thereafter maintained in compliance with the laws under which initiated.” The Oil Shale Corporation and other claimants (TOSCO) (plaintiffs) had claims to oil shale that were not patented and were canceled in the early 1930s on the ground that the minimum amount of labor or improvements required by § 28 had not been made during each year. When TOSCO applied for patents, the applications were rejected because the claims had been canceled. TOSCO appealed, and the secretary of the Interior ruled that the cancelations were effective. TOSCO brought actions in district court to require the secretary to expunge the rulings canceling the claims and to enjoin the secretary from enforcing them. The district court ruled that the cancellations were void because the Department of Interior did not have subject-matter jurisdiction. The Court of Appeals affirmed. The courts relied on the Supreme Court’s decisions in Krushnic and Virginia-Colorado to determine that assessment work that does not fully satisfy the requirements of § 28 of the 1872 Act did not give the government grounds for forfeiture but only made the claims open to relocation. The Supreme Court granted certiorari to consider whether the courts had properly construed and applied Krushnic and Virginia-Colorado to invalidate the secretary’s action.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 825,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 825,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 990 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 825,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 990 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership