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SG COAL CO., INC. v. LUJAN

Civ. A. No. 90-0150-A.

808 F.Supp. 1258 (1992)

SG COAL COMPANY, INCORPORATED v. Manual LUJAN, Jr.

United States District Court, W.D. Virginia, Abingdon Division.

December 30, 1992.

Attorney(s) appearing for the Case

David E. Cecil, Robertson, Cecil & King, Grundy, VA, Paul D. Kruper, Buchanan Ingersoll Professional Corp., Pittsburgh, PA, for plaintiff.

Mark Siegel, Sp. Asst. U.S. Atty., U.S. Dept. of Interior, Office of Sol., Knoxville, TN, for defendant.

MEMORANDUM OPINION

WILSON, District Judge.

Under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), a surface mine "operator" is required to pay a reclamation fee on mined coal. 30 U.S.C. § 1232. 30 C.F.R. § 870.12(b) provides that the fee is to be determined by the weight of the coal "at the time of initial bona fide sale, transfer of ownership, or use ... immediately after it is severed" from the ground.1

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