The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep’t of the Interior, 554 F.3d 1082 (5th Cir. 2009). The high court’s refusal to consider Interior’s appeal allows the Fifth Circuit’s January 2009 decision to stand.
As explained in detail in the attached link (http://www.liskow.com/liskownewsletter/2009-01/newsletter.htm), the Fifth Circuit held that the MMS had no authority to insert “price threshold” provisions into thousands of deep water Gulf of Mexico leases granted during the period 1996-2000.