John Marshall Harlan II

“ It is by no means enough that, as we may assume, Congress could under the Constitution readily enact a complete code of law governing transactions in federal mineral leases among private parties. Whether latent federal power should be exercised to displace state law is primarily a decision for Congress. ”

“ Because the tracts were deemed by Wallis to be 'acquired lands' of the United States rather than 'public domain lands,' these applications were filed under the Mineral Leasing Act for Acquired Lands, which governs the former, instead of the Mineral Leasing Act of 1920, which controls the latter. [2] Subsequently, Wallis entered into a written joint venture agreement with respondent .patrick McKenna giving McKenna a one-third interest in the pending applications and any lease issued under those applications. ”

“ At stake in the litigation are rights in several tracts, aggregating 827 acres, of oil-rich 'mud lumps' or islands owned by the United States and located in a mouth of the Mississippi River near Burrwood, Louisiana. [1] In 1954 petitioner, Floyd Wallis, filed with the Secretary of the Interior applications for a lease to exploit oil and gas deposits in the tracts. ”

“ Because we find no significant threat to any identifiable federal policy or interest, we do not press on to consider other questions relevant to invoking federal common law, such as the strength of the state interest in having its own rules govern, cf. ”

“ That no conflict exists in the present case has already been demonstrated. Other cases cited to us of federal equity courts resolving private disputes over government-granted property seem quite distinguishable, for example, because there was no asserted conflict with local law, Massie v. ”