In the case of Andrus, Secretary of the Interior v. Charlestone Stone Products Co., 1977, the U.S Supreme Court ruled in favor of Cecil D. Andrus, then-Secretary of the Interior. The dispute arose when Charlestone Stone Products Company claimed that they were entitled to refunds for payments made under protest for mining shale on federal lands based on a law passed by Congress in 1920 (the Mineral Leasing Act). This act allowed private entities to lease public lands for mining purposes at fixed rates but did not specify whether shale was included as a leasable mineral or not. The company argued that oil shale should be classified as a non-leasable "common variety" mineral and therefore exempt from leasing fees. However, Secretary Andrus maintained that oil shale is indeed a leasable mineral due to its potential value once processed into oil. The court sided with Secretary Andrus's interpretation and held that since oil could be extracted from it using modern technology; hence it fell within the purview of 'valuable minerals' mentioned in the Act and thus subject to leasing fees.

In the dissenting opinion for Andrus v. Charlestone Stone Products Co., Justice Rehnquist disagreed with the majority's interpretation of the Mineral Lands Leasing Act of 1920. He argued that Congress intended to allow private parties to extract common varieties of minerals from public lands without paying royalties, as long as they were not being sold in their raw form but rather used in a manufacturing process. The majority's decision, he contended, would lead to an absurd result where companies could be charged royalties for using sand and gravel found on public land even if it was processed into concrete or other products before sale. This would discourage businesses from utilizing these resources and hinder economic development.