4th Circ. Lets GenOn Challenge Md. County Carbon Tax

Law360, New York (June 21, 2011, 4:03 PM EDT) -- The Fourth Circuit said Monday that a unit of GenOn Energy Inc. could challenge a carbon tax a Maryland county levied on one of its power plants, reversing a lower court's decision.

The levy — a $5 per ton of carbon dioxide fee on large emitters that Montgomery County, Md., had labeled a “tax” so it would be out of the court's reach because of the federal Tax Injunction Act — is really a regulatory fee and subject to court scrutiny, a three-judge panel of the...
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