In a long-awaited administrative decision regarding privately held rights for oil shale development, the Department of the Interior's Board of Land Appeals has invalidated six unpatented oil shale placer mining claims, clearing the way for similar action as to many thousands more. This recent ruling in United States v. Winegar¹ removes a cloud from federal title to millions of acres of public lands and makes orderly and environmentally conscious development of the nation's oil shale resources a bit more likely.

Prior to 1920, oil shale could be appropriated like any other mineral. By making a discovery of a valuable oil shale deposit, staking a claim, complying with local administrative details, and performing one hundred dollars worth of "assessment work" annually, a prospector could gain possessory title to his claim that was good against all competing claimants. The prospector could then gain patent to his claim by proving a five-hundred-dollar-expenditure inuring to the benefit of the claim and by satisfying the government that he had discovered a valuable mineral deposit.