Fed. Circ. Finds Coal Reclamation Fees Constitutional

Law360, New York (August 2, 2010, 5:04 PM EDT) -- A federal appeals court has ruled that reclamation fees collected by the Office of Surface Mining Reclamation and Enforcement from coal producers are not export taxes and therefore do not violate the U.S. Constitution.

Judge Kimberly Ann Moore, writing for a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, said Monday that regulations enforcing the Surface Mining Control and Reclamations Act of 1977, which assesses a fee on coal produced in the U.S., are constitutional.

A slew of coal producers had sued...
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