US Beats Constitutional Challenge To Coal Mine Fees

Law360, New York (October 29, 2012, 4:14 PM EDT) -- The federal government on Thursday prevailed in a dispute with Eaglehawk Carbon Inc. in the U.S. Court of Federal Claims over fees for the Abandoned Mine Reclamation Fund, after the court rejected Eaglehawk's argument that such fees are unconstitutional.

Judge Mary Ellen Coster Williams determined that the U.S. is not obligated to reimburse Eaglehawk for fees paid under the Surface Mining Control and Reclamation Act because existing Federal Circuit Court of Appeals precedent has established that such fees do not violate the Export Clause of the...
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