United States Federal Circuit

In a suit by a group of operators in the coal mining industry, the United States court of Federal Claims' grant of summary judgment finding that certain regulations that implement the Surface Mining Control and Reclamations Act of 1977 (SMCRA) reclamation fee do not violate the Export Clause of the Constitution is affirmed as all of Office of Surface Mining's (OSM) challenged regulations for collecting the reclamation fee under SMCRA, like the statute itself, apply to "coal extracted" and do not violate the Export Clause.

Appellate Information

• Decided 08/02/2010
• Published 08/02/2010

Judges

• MOORE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven H. Becker, Todd M. Hughes