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- Része ennek White House Staff Member and Office Files (Nixon Administration), President's Office Files
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THE PRESIDENT HAS SEEN
THE WHITE HOUSE
WASHINGTON
April 23, 1974
MEMORANDUM FOR:
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Government Appeal of Ninth Circuit
Court Decision on Ownership of the
Seabed and Subsoil of Lower Cook Inlet
During the Cabinet Meeting on March 28, 1974, Secretary Morton
advocated that the Ninth Circuit decision (which had been rendered
on March 19, 1974) against the government should not be taken to
the Supreme Court on certiorari. At Morton's urging, you directed
the Department of Justice not to appeal the case to the Supreme
Court.
Interior has subsequently had a chance to read the opinion of the
Ninth Circuit, and now believes that the wisdom of taking an
appeal should be carefully considered because a) the loss of this
case could adversely affect the pending litigation on the Atlantic
OCS which is more important to energy supplies; b) the Federal
exposure is $2 billion; c) it is questionable how much faster oil
from the Inlet would be brought on line even if no appeal were
taken because the Corps of Engineers would still have to conduct
extensive studies. The State Department has also strongly
urged Justice to appeal because of the adverse impact of the
decision on negotiations with Canada.
In light of your clear direction at the Cabinet Meeting, the Depart-
ment of Justice has informed Interior that they will not even
consider appealing without your approval.
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