Reading Room Document

Authority of the Attorney General to Pass on the Sufficiency of Title to Lands Acquired by the Department of Energy for the Strategic Petroleum Reserve

This document is a memorandum opinion for the General Counsel of the Department of Energy, regarding the application and interpretation of Department of Justice regulations in connection with a potential real property transaction relating to the Strategic Petroleum Reserve (SPR) under the Energy Policy and Conservation Act of 1975 (EPCA). The conclusion reached in the document is that the Department's real property transactions with respect to the SPR must be subjected to the Attorney General's review process contemplated by § 255, and the application of the regulations implementing §255 requires disapproval of the transaction outlined in the request. The questions presented for review include whether § 255 applies to transactions for the SPR and, if so, whether under the regulations the transaction in question should be approved. Additionally, the document explores the statutory scheme of the EPCA and the specific requirements for approval of land acquisitions for the SPR.

August 28, 1979