Tuesday, July 27, 2010

Geo-Energy Partners 1983 Ltd. v. Salazar (9th Cir. - July 27, 2010)

It's not always easy reading every published decision. Sometimes you've got really, really long ones. Others begin: "This appeal presents the question of whether the procedures for periodic revision of units in the 1988 Amendments to the Geothermal Steam Act apply to pre-amendment contract provisions." Makes you really want to slog through the next twenty-one single-spaced pages, eh?

The take-away message I got from the opinion is that, apparently, you can waste twenty years or so essentially doing nothing productive on geothermal land leased from the government. Sadly. Though, eventually, we'll kick you out, and the Ninth Circuit will affirm.

And just to prove I read the whole thing: Page 10782, first full sentence, reads "In response, Geo-Energy sent a letter to the BLM complaining that in seven years the BLM had not nothing to compel FLPC to undertake diligent development, and should have removed FLPC as the operator." I think the "not" should be "done".

Though I can understand the lack of proofreading. It made me sleepy just reading this one once.

Still, I increased my knowledge of geothermal leases. From zero to slightly above zero. Which is something.

Constant self-improvement. That's my motto.