Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 30, 1981.
Decided July 2, 1981.
Attorney(s) appearing for the Case
William P. Rogers argued the cause for appellants. With him on the briefs were William R. Glendon, Stanley Godofsky, Stephen Froling, James N. Benedict, Patrick F. Hooks, William J. Carl, and George J. Miller.
Mike Greely, Attorney General of Montana, argued the cause for appellees. With him on the brief were Mike McCrath and Mike McCarter, Assistant Attorneys General, and A. Raymond Randolph, Jr.*
Briefs of amici curiae urging affirmance were filed for the United States by Solicitor General McCree, Acting Assistant Attorney General Liotta, Deputy Solicitor General Claiborne, Edwin S. Kneedler, Edward J. Shawaker, and Christopher Kirk Harris; for the State of New Mexico by Jeff Bingaman, Attorney General, Thomas L. Dunigan, Deputy Attorney General, Denise Fort, Assistant Attorney General, and Paul L. Bloom, Special Assistant Attorney General; for the State of North Dakota et al. by Robert O. Welfald, Attorney General of North Dakota, and Leo F. J. Wilking, Assistant Attorney General, and Chauncey H. Browning, Jr., Attorney General of West Virginia; for the State of Wyoming et al. by John D. Troughton, Attorney General of Wyoming, Mary B. Guthrie and Dennis M. Boal, Assistant Attorneys General, Nancy D. Freudenthal, Special Assistant Attorney General, and Steven F. Freudenthal, J. D. MacFarlane, Attorney General of Colorado, Richard H. Bryan, Attorney General of Nevada, David H. Leroy, Attorney General of Idaho, Kenneth O. Eikenberry, Attorney General of Washington, and Dave Frohnmayer, Attorney General of Oregon; for Max Baucus et al. by R. Stephen Browning, Hamilton P. Fox III, and Peter Van N. Lockwood; for the Environmental Defense Fund et al. by David B. Roe; for Malcolm Wallop et al. by Ann B. Vance and Dennis Charles Stickley; for the Western Conference of the Council of State Governments by John E. Thorson.
Briefs of amici curiae were filed by Richard Anthony Baenen, Edward M. Fogarty, and Thomas J. Lynaugh, for the Crow Tribe of Indians; and by David E. Engdahl for the Western Governors' Policy Office.
Supreme Court of United States.
JUSTICE MARSHALL delivered the opinion of the Court.
Montana, like many other States, imposes a severance tax on mineral production in the State. In this appeal, we consider whether the tax Montana levies on each ton of coal mined in the State, Mont. Code Ann. § 15-35-101 et seq. (1979), violates the Commerce and Supremacy Clauses of the United States Constitution.
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Buried beneath Montana are...
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