Majority opinion BedRoc Limited, LLC v. United States

chief justice william rehnquist

the majority opinion written chief justice william rehnquist, , joined justices sandra day o connor, antonin scalia, , anthony kennedy. adopting textualist approach, majority held sand , gravel not valuable minerals reserved government. court said not extend decision in watt v. western nuclear, inc. sand , gravel valuable minerals. according majority, court had focus on meaning of law when enacted, , asked whether sand , gravel found in nevada commonly regarded “valuable minerals” in 1919. according majority, common sense said no, sand , gravel abundant, had no intrinsic value, , commercially worthless in nevada in 1919. court said sand , gravel not mistaken valuable minerals no matter if regarded minerals.

furthermore, pittman underground water act stated disposal had happen in accordance provisions of coal , mineral land laws in force @ time of such disposal. court said congress referring general mining act of 1872, stated valuable mineral deposits in lands belonging united states free , open exploration , purchase. majority said undeniable common sand , gravel not constitute locatable valuable mineral deposit under general mining act.

the majority did not consider legislative history did in watt v. western nuclear, inc., pittman act explicitly used word valuable in contrast stock-raising homestead act (srha). because of absence of word valuable in srha, court had speculate congress intent in watt v. western nuclear, inc. furthermore, deciding in favor of plaintiff, court left principle land grants construed favorably government... , if there doubts reserved government, not against it, called established rule in wat v. western nuclear, inc.

justice clarence thomas