6 Nat. Resources L. Newsl. 1 (1972-1973)

handle is hein.journals/trends6 and id is 1 raw text is: 












                      RECORD ATTENDANCE AT
A record number of ABA registrants - many from outside
the Section - attended the Section's program at the annual
meeting in San Francisco. The morning and afternoon
sessions and the luncheon speaker played to capacity
crowds.
  Robert E. Lee Hall, former Chairman of the Section and
Vice-President, Government and Corporate Relations of
Peabody Coal Company moderated the morning session.
The topic Land Use - Satisfying Consumer and Environ.
mental Demands was a survey of general and specific
proposals and actions and their effects upon the diminish-
ing base for resource development. The session commenced
with a three-man panel analysis of pending national land
use policy proposals, followed by an examination of
specific land use-type proposals on four industries - tim.
ber, coal, hard minerals and petroleum.
  John Harper of the National Association of Electric
Companies (a last-m-inute substitute for Steven P. Quarles,
Special Counsel for the Senate Interior Committee) out-
fined major provisions of the Senate land use proposal.
Charles Conklin, Special Counsel on Public Lands and
Environmental Matters for the House Interior Committee,
followed with a discussion on public land use provisions in
the House bill. Robert H. Marden, President of the Council
of State Government Planning Agencies and Assistant
Secretary of Admidnistration for the Commonwealth of
Massachusetts, spoke on the role of the states in national
land use planning.
  Weyerhauser Company Vice-President Arthur V. Smith
described clearcutting of timber as good forest management
and an effective reforestation too]. Agreeing that some
form of national land use policy is required, Carl E. Bagge,
President of National Coal Association, predicted that
serious fuel shortages could result in giving the states final
say over land use policy without concern for national need.
  Phoenix attorney Jerry L. Haggard discussed recommen-
dations of the Public Land Law Review Commission as they
apply to hard minerals, minimum needs of the mning
industry in operating on public lands, and various proposals
now pending to amend the Mining Law of 1872.
  William K. Tell, Jr., a member of the Council and
Assistant General Counsel of Texaco, spoke of balancing
environmental needs and energy requirements as they relate
to marine sanctuaries and of the consequences of environ-
mental imbalance.


Copyright  1972 American Bar Association


ANNUAL MEETING PROGRAM

      Robert Gottschalk, Commissioner of Patents, presented
      an excellent luncheon address. Mr. Gottschalk called for
      active cooperation between the Natural Resources Section
      and the Section on Patent, Trademark, and Copyright Law
      to obtain a realistic overall approach for the development
      and application of technology for pollution and energy
      problems. Mr. Gottschalk stated that in the last two years,
      pursuant to President Nixon's directive in his State of the
      Union Address, the Patent Office has been giving priority
      attention to the examination of patent applications in the
      field of pollution control. Applications examined under this
      special program are being processed in about one-quarter of
      the normal processing time and over 300 patents have
      already been allowed on this accelerated basis. In addition,
      many hundreds o o  ther atntpemrkon  p rigs have been
      issued in the normal course during this  ame period.

                 NINTH CIRCUIT DECISION,
               HUGOTON-ANADAR KO AREA
     On July 31, 1972 the U.S. Court of Appeals for the Ninth
     Circuit affirmed Opinion No. 586 issued by the Federal
     Power Commission on September 18, 1970 fixing just and
     reasonable rates for natural gas produced in the Hugoton-
     Anadarko Area covering western Kansas, and the Texas and
     Oklahoma panhandle area. Opinion No. 586, pursuant to
     an amended offer of settlement supported by a majority of
     the parties in the case, established rates for variou pes hsof
     field sales of gas ranging from 12.5 per thousand cubic feet
     (Mc to 21.5 per Mcf. The ceiling prices for all categories
     of gas sales were to be increased by 1 0 per Mcf on July I,
     1972. A matorium was placed on all rate increases above
     the applicable price ceilings until July , 1977. Quality
     standards were established for gas sold under contracts
     dated prior to November 1, 1969, but the individual
     contract provisions as to quality were to control in the case
     of gas sold under contracts dated prior to November ,
     1969. Opinion No. 586 also required refunds of various
     amounts collected in excess of the rates established.
     The court's opinion affirming Opinion No. 586:
        (1) Dismissed an argument tha the Commission had no
      power to accept, over the objections of certain parties to
      the case, the amended offer of settlement without an
      adversary hearing;
        (2) Rejected  the contention that the Commission
      simply adopted the settlement proposal, rather than
      deciding the ease on the merits, based on record evidence;

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