Opinion · Supreme Court of the United States
Mobil Alaska Pipeline Company v. United States
434 U.S. 949
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1977-12-05
- Topic
- general
*951Mr. Justice Brennan, with whom Mr. Justice Marshall joins, dissenting. I initially joined in granting a stay in these cases. Upon further consideration, however, I am convinced that our stay was improvidently and precipitately issued and that it should now be dissolved.
Citator
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dissenting.
I initially joined in granting a stay in these cases. Upon further consideration, however, I am convinced that our stay was improvidently and precipitately issued and that it should now be dissolved.
Applicants will be able to collect approximately $1.5 million per day by virtue of our stay that would not be collected were the suspension order of the Interstate Commerce Commission— which is the subject of petitions for certiorari in this case1 — to remain in effect. Because of the enormous sums of money that will be collected under our stay, over $100 million by January 28, 1978, when the suspension order of the ICC ends by its terms, the Court should be very clear before continuing this stay that it is really needed to protect applicants and, more importantly, that the provisions of the stay adequately protect the interests of anyone who may be affected by this litigation. On the pleadings so far before us, I am not convinced that the Court is in a position to act with any such conviction.
First, with respect to the need for the stay, it is important to recognize that each applicant comes before this Court in a dual capacity: Each is both a part owner of the Trans Alaska Pipeline System and a shipper of oil over the pipeline. ' Therefore some amounts which an applicant would be prevented from collecting under the suspension order would immediately be recouped as extra profit to that applicant in its capacity as a shipper. This is not to suggest that the gains would offset the losses with any precision, but only that’the net losses may be sufficiently small that extraordinary equitable relief would not be appropriate.
My greater concern, however, is that the form of our stay may not adequately protect the ultimate consumers of oil
For the reasons stated above, I would vacate the stay ordered by this Court on October 20, 1977, and order proceedings on the petitions for certiorari to be expedited. Barring
For a discussion of the background of this litigation, see Mobil Alaska Pipeline Co. v. United States, 557 F. 2d 775 (CA5 1977).
Arctic Slope is the representative of the Inupiat Eskimos who have a claim to be paid 2% of the wellhead value of Alaskan crude oil up to a total of $500 million as consideration for their surrender of aboriginal land claims in the Prudhoe Bay area.
Section 15 (8) (e) sets the rate of interest at "a rate which is equal to the average yield ... of marketable securities of the United States which have a duration of 90 days.”
See 18 CFR § 154.67 (c) (2) (1977).