Chapman v. Coal Co

• Decision Date: 06 February 1950
• Docket Number: SHERIDAN-WYOMING,No. 60,60
• Citation: 70 S.Ct. 392,94 L.Ed. 393,338 U.S. 621
• Parties: CHAPMAN, Department of Interior, v. COAL CO., Inc
• Court: U.S. Supreme Court

338 U.S. 621

70 S.Ct. 392

94 L.Ed. 393

CHAPMAN, Department of Interior,

v SHERIDAN-WYOMING COAL CO., Inc.

No. 60.

Argued Jan. 9, 1950.

Decided Feb. 6, 1950.

Mr. Roger P. Marquis, Washington, D.C., for petitioner.

Mr. T. Peter Ansberry, Washington, D.C., for respondent.

Mr. Justice JACKSON delivered the opinion of the Court.

This action by a lessee of coal-mining rights in public lands seeks to prevent leasing of similar rights in other lands to a competitor. The case is before us only on pleadings. The original complaint was dismissed by the District Court on several grounds but the Court of Appeals affirmed only on the ground that the complaint showed no standing to sue, there being no allegation of special injury to any property right of plaintiff. Sheridan-Wyoming Coal Co. v. Krug, 83 U.S.App.D.C. 162, 168 F.2d 557. It gave leave to apply to the District Court to amend in this respect. The District Court denied the privilege, however, holding that the proposed new matter added nothing material, and that amendment would be idle and needlessly prolong the litigation. This, we think, was equivalent in effect to sustaining a demurrer to the amended complaint and requires us to treat well pleaded facts as true. On this basis, the Court of Appeals reversed and, in substance, held that the amended complaint does state a cause of action. 84 U.S.App.D.C. 288, 172 F.2d 282. We granted certiorari. 338 U.S. 810, 70 S.Ct. 54.

The hypothesis on which the legal issues are to be decided is this:

At all relevant times the following regulation, promulgated by the Secretary of the Interior, has been in effect:

'Showing reguired that an additional coal mine is needed. The General Land Office will make favorable recommendation that leasing units be segregated and that auctions be authorized only in cases where there has been furnished a satisfactory showing that an additional coal mine is needed and that there is an actual need for coal which cannot otherwise be reasonably met.' 43 CFR 1938, § 1933.

It originated in 1934, when the coal industry was demoralized by excess production capacity described in opinions of this Court. Appalachian Coals, Inc., v. United States, 288 U.S. 344, 361, 53 S.Ct. 471, 474, 77 L.Ed. 825; Carter v. Carter Coal Co., 298 U.S. 238, opinion of Cardozo, J., 324, 330, 56 S.Ct. 855, 878, 881, 80 L.Ed. 1160; Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 395, 60 S.Ct. 907, 913, 84 L.Ed. 1263. The policy which the Department embodied in this regulation, and to which it has since adhered, was stated in letters of the Secretary set forth in the margin.¹

In September, 1943, the Sheridan-Wyoming Coal Company leased additional lands located in Wyoming for coal mining purposes from the Government and, 'in reliance upon the Regulation,' has expended large sums in development and built up a prosperous business in the rather low-grade coal mined and largely consumed in that region.

In December, 1943, the Big Horn Company applied for a lease of nearby lands for production of competitive coal, and in 1945 applied for additional lands. Meanwhile Big Horn already had established mines on partially exhausted state-owned lands and desired the federal lands to prolong its business. The Sheridan-Wyoming Company, among others, protested on the basis of the regulation. The protest, after hearings, was overruled and unless prevented, the Secretary will lease to Big Horn. The Secretary has made no finding that there is need for any additional supply of coal and, in fact, there is no such need. If he leases to Big Horn, the two companies will have capacity to produce in excess of the demand for that grade of coal in the limited market. The investment of Sheridan-Wyoming will be substantially impaired and its volume of sales decreased and profitable markets lost. About these three ultimate facts—the regulation, the lease and the threatened lease to a competitor—the parties have argued several intricate and interesting questions as to the standing of the plaintiff to sue, whether the suit really is one against the United States without sovereign consent and whether the Secretary has abused his power in entertaining the application of Big Horn. These questions we do not need to discuss because of the view we take of more fundamental aspects of the case. We think the facts give rise to no cause of action, because the proposed lease does not breach any contract right or invade any property right of plaintiff and does not violate any law. Hence, the leasing is within the discretionary power of the Secretary and courts will not review its exercise.

I. Contract Rights.

The court below has sustained the complaint for the principal reason that a lease to Big Horn would breach the lease to plaintiff and that plaintiff has a property right to have the lands involved withheld from lease.

It is only on this basis of its property rights, created by contract, that plaintiff has been held to have standing to sue; for, if it has such rights, the court below truly said (172 F.2d 282, 288), 'The prevention of a breach of a restrictive provision in a contract is one of equity's most usual functions.' Credited with 'the status of one claiming a property right by contract, threatened with invasion,' the plaintiff has been termed by the Court of Appeals 'possessor of a valuable right, created by contract in the presence of valid and binding restrictive regulations.'

Of course, no express covenant of plaintiff's lease restricts the Secretary from leasing other lands to other applicants. The restrictive covenant is sought to be supplied by implication. The lease, it is reasoned, was expressly made subject to the Mineral Leasing Act, 41 Stat. 437, as amended, 30 U.S.C. §§ 181 et seq., 30 U.S.C.A. § 181 et seq.; the lease constructively includes the statute; the regulation which was not referred to in the lease nevertheless had the force and sanction of statute; hence, the restrictive regulation was a covenant of the lease. It is said the threatened lease would violate the regulation. For the purpose of testing the contract-right theory, we shall assume that it does so.

What is the contract property right assumed? It is a right to nondevelopment of coal reserves in an indeterminate but substantial part of the public domain for benefit of its own lease. It is not a right necessary to the fullest physical development and enjoyment of all the lands plaintiff acquired for itself, and is one not normally appurtenant to real estate. The assumed covenant is purely negative in character and its whole burden is upon other premises owned by the United States in which the plaintiff has no other interest. They are premises, moreover, in which it is doubtful whether plaintiff could lawfully acquire any other interest in view of the limited areas which the statute allows to one lessee. By the assumed covenant, alienation and utilization of public lands in the manner authorized by Congress is restricted. This is for an unstated and indeterminable period. And it is accomplished not by a covenant expressed in the lease itself, but by one read into it from the regulations.

A competent grantor by appropriate covenants could, of course, convey the right claimed here, and equity would enforce it. But when a right 'consists in restraining the owner from doing that with, and upon, his property which, but for the grant or covenant, he might lawfully have done,' it is an easement, sometimes called a negative easement, or an amenity. Trustees of Columbia College v. Lynch, 70 N.Y. 440, 447, 26 Am.Rep. 615. 'An equitable restriction,' which prevents development of property by building on it, has been said to be 'an easement, or servitude in the nature of an easement,' a 'right in the nature of an easement,' and an 'interest in a contractual stipulation which is made for their common benefit.' Such 'equitable restrictions' are real estate, part and parcel of the land to which they are attached and pass by conveyance. River-bank Improvement Co. v. Chadwick, 228 Mass. 242, 246, 117 N.E. 244, 245, L.R.A. 1918B, 55. A contractual restriction which limits the use one may make of his own lands in favor of another and his lands is 'sometimes called a negative easement, which is the right in the owner of the dominant tenement to restrict the owner of the servient tenement in the exercise of general and natural rights of property.' It is an interest in lands which can pass only by deed and is in every legal sense an incumbrance. Uihlein v. Matthews, 172 N.Y. 154, 158, 64 N.E. 792, 793.

But whatever we might determine to be the technical nature of the collateral property right claimed to result from Sheridan's lease, to any extent that it added a property right to the plaintiff's lands it created an incumbrance or subtraction from the aggregate of rights in the United States. Courts would not lightly imply against any land owner a covenant which would restrict alienation or enjoyment of his estate. There are even stronger reasons against implied covenants imposing easements, servitudes, amenities or restrictions upon the public lands.

The Mineral Leasing Acts confer broad powers on the Secretary as leasing agent for the Government. We find nothing that expressly prevents him from taking into consideration whether a public interest will be served or injured by opening a particular mine. But we find no grant of authority to create a private contract right that would override his continuing duty to be governed by the public interest in deciding to lease or withhold leases.

The leasing Acts strictly limit the area which any one lessee may acquire, either directly or indirectly....