United States Federal Circuit

In an action involving whether the application of the Surface Mining Control and Reclamations Act's (SMCRA) reclamation fee to export sales of coal violates the Export Clause of the Constitution, summary judgment for plaintiffs is reversed and remanded where: 1) the term "coal produced" should be interpreted as "coal extracted" as it is the only reasonable construction which preserves the constitutionality of the statute; and 2) neither the government nor the court were bound by contrary assertions by the government regarding statutory interpretation where the canon of constitutional avoidance mandates that the court adopt the reasonable construction of the term "coal produced."

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• MOORE, Circuit Judge., Before NEWMAN, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Paul A. Horowitz, Baker & McKenzie LLP, of New York, NY, argued for plaintiff-appellee.   With him on the brief were Steven H. Becker, Charles H. Critchlow, and Suzanne I. Offerman., Jonathan F. Cohn, Deputy Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General;  Jeanne E. Davidson, Director;  Todd M. Hughes, Deputy Director;  and Tara K. Hogan, Trial Attorney.   Of counsel on the brief was Daniel W. Kilduff, Office of the Solicitor, United States Department of the Interior, of Washington, DC.