The justices did not comment Monday on their order in an appeal filed by Missouri Gas Energy. In 2008, the Oklahoma Supreme Court ruled that the natural gas is subject to taxation.

The ruling could mean millions for several counties in the state and could affect similar disputes in Kansas and Texas.

Harriet Miers, President George W. Bush's White House counsel and briefly his nominee to the Supreme Court, handled the company's appeal in its lawsuit against Woods County, Okla.