Coal Export Fee Is Constitutional: Federal Circuit

Law360, New York (June 11, 2008, 12:00 AM EDT) -- Finding that a reclamation fee imposed on “coal produced” in the U.S. may not be unconstitutional, the U.S. Court of Appeals for the Federal Circuit decided Wednesday to remand a case brought by coal producers against the government to a lower court.

The coal producers argue that the Surface Mining Control and Reclamations Act of 1977's reclamation fee to export sales of coal violated the Export Clause of the Constitution.

The statute requires coal mine operators to pay a reclamation fee of 25 cents per ton...
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