Number: RL33974
Title: Legal Issues Raised by Provision in House Energy Bill (H.R. 6) Creating Incentives for Certain OCS Leaseholders to Accept Price Thresholds
Authors: Robert Meltz and Adam Vann, American Law Division 
Abstract: This report analyzes potential legal challenges to section 204, including whether the provisions of section 204 (1) work a "taking" under the Takings Clause of the Fifth Amendment, (2) offend the doctrine of unconstitutional conditions, (3) violate either the substantive due process or equal protection guarantees applied by the Fifth Amendment, or (4) effect a breach of contract. Finally, the report deals with whether legal action against the leaseholders in question independent of section 204 might be possible under the contract theories of unilateral or mutual mistake.
Pages: 16
Date: June 14, 2007