Coal Industry Again Loses Reclamation Fee Fight In Fed. Circ.

Law360, New York (July 22, 2013, 2:38 PM EDT) -- The Federal Circuit on Monday denied another bid by a coalition of coal producers to rescind the U.S. Department of the Interior's ability to charge reclamation fees on extracted coal, finding the agency has not undermined a constitutional ban on export taxes.

According to the coal producers, the Office of Surface Mining's reclamation fee is a thinly disguised export tax, as it is based on the quality of processed coal rather than the raw coal extracted from mines. Because of that nexus, the coalition maintained the...
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