Fed. Circ. Endorses Lower Mining Fees On 'Blended' Coal

Law360, New York (December 13, 2013, 4:33 PM EST) -- The Federal Circuit sided with a Black Hills Corp. mining unit seeking a $2.2 million refund of government reclamation fees it paid on lower-quality coal, ruling in a precedential opinion on Friday that mixtures of different "ranks" of coal cannot be subject to a uniform fee rate.

A unanimous panel adopted Wyodak Resources Development Corp.’s reading of the Surface Mining Control and Reclamation Act of 1977 and held that the reclamation fee rates for lower-quality lignite coal still apply if the lignite is mixed with other,...
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