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Alaska v. Amerada Hess : ウィキペディア英語版
Alaska v. Amerada Hess

''Alaska v. Amerada Hess et al.'', officially known as State v. Amerada Hess et al. (1JU-77-877) was a 15-year-long civil lawsuit levied by the state of Alaska against 17 of the world's largest oil companies for underpayment of oil production royalties. The case was named after Amerada Hess, the first company in the alphabetical list of defendants. The case cost the state more than $100 million to prosecute, and all 17 companies settled out of court rather than face trial. The total settlements amounted to just over $600 million of the $902 million the state alleged had been underpaid. Additional settlements covering underpaid natural gas royalties and refining royalties amounted to another $400 million.
Under a law passed by the Alaska Legislature, the settlement money was invested in a separate account of the Alaska Permanent Fund. The Amerada Hess account, worth more than $424 million as of June 30, 2013, may not be used for the payment of Alaska Permanent Fund Dividends and instead is used for infrastructure projects. Since the case was settled, it has been used as an example of oil industry malfeasance in political and popular arguments.
==Background==
In 1955, representatives from across Alaska met at the University of Alaska to draft the Alaska Constitution, a document that would not become effective until 1959, when Alaska became a state. Many of the delegates were aware that the new state would be heavily dependent upon development of its natural resources, an attitude typified by a speech made by Bob Bartlett, then Alaska's non-voting delegate to Congress: "The financial welfare of the future state and the well-being of its present and unborn citizens depend upon the wise administration and oversight of these () development activities, () without adequate safeguards, the state of Alaska will wend a precarious way along the road that leads eventually to financial insolvency."〔Doogan, G. Michael. "Alaska Mineral Revenues," ''Alaska Geographic'' 9, No. 4 (1982), p. 200.〕
In response to the concerns of Bartlett and others, the resulting constitution requires the Alaska Legislature to maximize resource development for the "benefit of its people." To provide a concrete tool for that goal, the constitution authorizes legislators to "provide for the leasing of ... any part of the public domain."〔''Alaska Constitution'', Article VIII, sections 1, 2, and 8.〕
While most governments at the time raised revenue through production taxes, conservation taxes, income taxes and property taxes, allowing the leasing of public land meant the state could also garner bonuses, rent, and royalties from anyone leasing public land for development. In Alaska, especially in relation to oil production, a bonus is the amount paid by a company for the right to lease a piece of property. Rent is the amount paid on a regular basis to maintain that lease. A royalty is a portion of anything produced by that piece of land.〔Johnson, p. 30.〕
After statehood, one of the first actions of the Alaska Legislature was to pass the Alaska Lands Act, which established the framework for Alaska's oil revenue system. The Alaska Lands Act created a bonus and rent system and established that the state must collect a royalty of at least 12.5 percent from its leased public land.〔Bleakley, p. 81.〕 To implement the Alaska Lands Act, the state created a master lease agreement, named DL-1. Under the terms of the agreement, the royalty (which could be paid in oil or cash value) was to be assessed on the value of the oil "at the well."〔
In 1964, oil companies began exploring state land on Alaska's North Slope for oil deposits. On. December 26, 1967, the 40-person crew of Prudhoe Bay State No. 1 well heard a noise that one geologist said sounded like the rumbling of four jumbo jets. It was an enormous plume of natural gas signifying the discovery of the Prudhoe Bay Oil Field.〔Yergin, pp. 569-574.〕 On September 10, 1969, the state held an oil lease sale for Prudhoe Bay and netted more than $900 million. Eight years and one of the world's largest construction projects later, the Trans-Alaska Pipeline System was ready to ship its first oil to Valdez, Alaska and shipment outside the state.
In the weeks before shipments began, the state learned that the oil companies had a different interpretation of the terms of DL-1 than the state did. The state sent letters and proposals to resolve the agreement, then set a deadline of September 1, 1977 for them to respond. When no response was received, the state filed a formal court complaint in Alaska Superior Court against all 18 companies leasing oil-producing ground on the North Slope.〔Johnson, pp. 39-41.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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