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,...
To view the full article, register now.




Case Information

Case Title

Wyodak Resources v. US

Case Number



Appellate - Federal Circuit

Nature of Suit

226 Tax - Other

Date Filed

February 5, 2013

Law Firms


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.