Asarco Inc. v. Kadish

490 U.S. 605, 109 S. Ct. 2037, 104 L. Ed. 2d 696, 1989 U.S. LEXIS 2652, 57 U.S.L.W. 4574
Supreme Court of the United States·Decided May 30, 1989·No. 87-1661·Published·Cited by 689 cases

Opinions

Justice Kennedy

delivered the opinion of the Court, except as to Part II-B-1.

The ultimate question for our decision is whether Arizona’s statute governing mineral leases on state lands is void because it does not conform with the federal laws that originally-granted those lands from the United States to Arizona. First, however, there is a difficult question about our own jurisdiction, a matter which touches on essential aspects of the proper relation between state and federal courts.

[610]*610I

Various individual taxpayers and the Arizona Education Association, which represents approximately 20,000 public schoolteachers throughout the State, brought suit in Arizona state court, seeking a declaration that the state statute governing mineral leases on state lands, Ariz. Rev. Stat. Ann. §27-234(B) (Supp. 1988), is void, and also seeking appropriate injunctive relief. The state statute was challenged on the ground that it does not comply with the methods Congress required the State to follow before it could lease or sell the lands granted from the United States in the New Mexico-Arizona Enabling Act of 1910, 36 Stat. 557, and which are repeated in the Arizona Constitution. The suit was brought against the Arizona Land Department and others. ASARCO Incorporated and other current mineral lessees of state school lands were permitted to intervene as defendants. Eventually the trial court certified the case as a defendant class action under Arizona Rule of Civil Procedure 23. The defendant class consisted of all present and future mineral lessees of state lands.

The trial court upheld the statute on cross-motions for summary judgment, and respondents (the original plaintiffs) appealed. The Arizona Supreme Court reversed over the dissent of one justice, ruling that the statute is “unconstitutional and invalid as it pertains to nonhydrocarbon mineral leases.” Kadish v. Arizona State Land Dept., 155 Ariz. 484, 498, 747 P. 2d 1183, 1197 (1987). It remanded the case to the trial court with instructions to enter summary judgment for respondents, to enter a judgment declaring § 27-234(B) invalid, and to consider what further relief, if any, might be appropriate.

Various of the mineral lessees filed a petition for certiorari, and we granted review. 488 U. S. 887 (1988).

Before we may undertake to consider whether the state legislation authorizing the leases is valid under federal law, [611]*611we must rule on whether we have jurisdiction in the case. The parties and amici raise three jurisdictional issues, each of substance. We would be required, of course, to raise these matters on our own initiative if necessary, for our legitimate exercise of judicial power is confined both by statutes and by Article III of the Constitution. The issues here are: first, whether the judgment below is final; second, whether there is standing and an actual case or controversy that permits of a decision in federal court; and third, whether the decision below is unreviewable in this Court because it rests on an adequate and independent state ground.

A

The first jurisdictional question is whether the Arizona Supreme Court issued a final judgment in the case. It granted plaintiffs a declaratory judgment that the state law governing mineral leases is invalid, but then remanded the case for the trial court to determine “just what further relief is appropriate.” 155 Ariz., at 498, 747 P. 2d, at 1197. The United States, as amicus, asserts that the validity of existing leases remains at issue and that the trial court may yet decide to uphold the leases on the ground that they were made for “true value,” and thus are in “substantial conformity” with the provisions of the Enabling Act, §28, 36 Stat. 574-575, even though the leasing procedures did not comply with every specific requirement in the Act. Brief for United States as Amicus Curiae 10-14 (hereafter Brief for United States).

If the assertion were correct, the judgment below would not yet be final within the meaning of 28 U. S. C. § 1257, and we would lack jurisdiction in the case. But it is not correct. Respondents originally sought a declaratory judgment that the state law is invalid, an injunction against further leases, and an accounting and payment of sums due under past leases; but they withdrew the last request on appeal to the Arizona Supreme Court. See Brief for Appellant in Kadish v. Arizona State Land Dept., CV-86-0238-T, p. 6, n. 3, p. 40. [612]*612Thus, on remand the trial court does not have before it any federal question whether past and current leases are valid because they were made in “substantial conformity” with the terms of the Enabling Act. And, of course, the trial court’s further actions cannot affect the Arizona Supreme Court’s ruling that §27-234(B) is invalid. Accordingly, the judgment below comes within two of the exceptions to the finality requirement that were set out in Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975). Here “the federal issue is conclusive” and “the outcome of further proceedings preordained.” Id., at 479; see also Duquesne Light Co. v. Barasch, 488 U. S. 299 (1989). In addition, the “‘federal questions that could come here have been adjudicated by the State court,’” and the remaining issues, contrary to the United States’ suggestion, will not give rise to any further federal question. Cox, supra, at 480, quoting Radio Station WOW, Inc. v. Johnson, 326 U. S. 120, 127 (1945).

B

The second jurisdictional issue is of some theoretical import, though infrequent in occurrence. The question is whether, under federal standards, the case was nonjusticiable at its outset because the original plaintiffs lacked standing to sue; and if so, whether we may examine justiciability at this stage because the Arizona courts heard the case and proceeded to judgment, a judgment which causes concrete injury to the parties who seek now for the first time to invoke the authority of the federal courts in the case.

The United States contends that the case should be dismissed for lack of standing, since neither respondent taxpayers nor respondent teachers association, who were the original plaintiffs, would have satisfied the requirements for bringing suit in federal court at the outset. “In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular is[613]*613sues.” Warth v. Seldin, 422 U. S. 490, 498 (1975). Although standing in its outer dimensions is a prudential concept to be shaped by the decisions of the courts as a matter of sound judicial policy and subject to the control of Congress, at its core it becomes a constitutional question; for standing in its most basic aspect can be one of the controlling elements in the definition of a case or controversy under Article III. See Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U. S. 464, 471-476 (1982); id., at 490-494 (Brennan, J., dissenting).

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Asarco Inc. v. Kadish, 490 U.S. 605, 109 S. Ct. 2037, 104 L. Ed. 2d 696, 1989 U.S. LEXIS 2652, 57 U.S.L.W. 4574 (1989).

490 U.S. 605 (Asarco Inc. v. Kadish) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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