Reclamation Fee An Unlawful Tax, Coal Cos. Tell High Court

Law360, New York (February 14, 2014, 2:55 PM EST) -- A coalition of coal producers have urged the U.S. Supreme Court to review the U.S. Department of the Interior's ability to charge reclamation fees on extracted coal, claiming the Federal Circuit erred when it determined that the rule doesn’t undermine a constitutional ban on export taxes.

The producers want the high court to determine whether an otherwise unconstitutional export tax is valid when it’s recharacterized as a deferred tax on manufacturing. The fees imposed by the DOI's Office of Surface Mines are based on the quality...
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