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.

Documents

Related

Sections

Case Information

Case Title

Wyodak Resources v. US


Case Number

13-5049

Court

Appellate - Federal Circuit

Nature of Suit

226 Tax - Other

Date Filed

February 5, 2013

Law Firms

Companies

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.