Coal Fee An Unconstitutional Export Tax, Fed. Circ. Told

Law360, New York (January 22, 2013, 6:55 PM EST) -- The coal industry urged the Federal Circuit Thursday to backpedal on a decision allowing the Interior Department to continue its practice of charging reclamation fees on coal, claiming they are an unconstitutional tax on coal exports.

The court ruled in 2010 that the Office of Surface Mining’s reclamation fee on coal didn’t violate the Constitution because the agency assesses it when coal is extracted. But dozens of coal producers argued OSM imposes the fee when the coal is in the stream of export, making the fee...
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