ELR Citation: ELR 20377
No(s). 72-2449 (9th Cir. Mar 25, 1974)

On petition for a rehearing, the court partially revises its earlier opinion by ruling that the Secretary of the Interior's order of April 21, 1971, suspending oil drilling in the Santa Barbara Channel, became invalid on October 18, 1972, when the 92nd Congress adjourned. The Secretary's authority to suspend the leases in order to enable Congress to consider particular legislation for their termination vanished after four legislative sessions failed to act on the bill. A more recent suspension order, issued April 18, 1973, is also by implication invalid. Even if the Secretary's authority to order suspension were found not to have expired on October 18, 1972, it clearly ceased no later than November 13, 1973, when the Secretary himself advised Congress that the proposed legislation should not be enacted. The court denies the petition for rehearing, but vacates its earlier judgment and remands the case of consolidation with an action pending in the district court, noting that this represents a route by which this litigation can be terminated. For the court's earlier opinion, see 4 ELR 20086.

Counsel for Plaintiffs
Samuel O. Pruitt
Gibson, Dunn & Crutcher
515 S. Flower Street
Los Angeles, CA 90017

Counsel for Defendants
William D. Keller U.S. Attorney
Donald J. Merriman Asst. U.S. Attorney
1100 U.S. Courthouse
312 N. Spring Street
Los Angeles, CA 90012

Kent Frizzell Asst. Attorney General
Jacques B. Gelin
Edmund B. Clark
Department of Justice
Washington, DC 20530