CONSOLIDATION COAL COMPANY v. U.S.

No. 03-5019.

351 F.3d 1374 (2003)

CONSOLIDATION COAL COMPANY, Consol Of Pennsylvania Coal Company, Consol Of Kentucky Inc., Eighty Four Mining Company, Helvetia Coal Company, Island Creek Coal Company, Kent Coal Mining Company, Keystone Coal Mining Corporation, Laurel Run Mining Company, McElroy Coal Company, Nineveh Coal Company, Quarto Mining Company, Eagle Energy, Inc., Elk Run Coal Company, Inc., Goals Coal Company, Green Valley Coal Company, Independence Coal Company, Inc., Knox Creek Coal Corporation, Marfork Coal Company, Inc., Martin County Coal Corporation, Peerless Eagle Coal Company, Performance Coal Company, Rawl Sales & Processing Company, Sidney Coal Company, Inc., Stone Mining Company, Apogee Coal Company, Arch Western Resources, LLC, Canyon Fuel Company, LLC, Catenary Coal Company, Coal-Mac, Inc., Dal-Tex Coal Corporation, Hobet Mining, Inc., Mingo Logan Coal Co., Kingston Resources, Inc., Paynter Branch Mining, Inc., Pioneer Fuel Corporation, Plateau Mining Corporation, Rag Cumberland Resources, L.P., Rag Emerald Resources, L.P., Twentymile Coal Company, Coastal Coal Company, LLC, Coastal Coal-West Virginia, LLC., Eastern Associated Coal Corporation, Evergreen Mining Company, Mid-Vol Leasing, Inc., Mountaineer Coal Development Company, Old Ben Coal Company, Shipyard River Coal Terminal Company, Riverside Energy, Inc., Virginia Crews Coal Company, Clintwood Elkhorn Mining Company, Gatliff Coal Company, Premier Elkhorn Coal Company, Perry County Coal Corporation, Glamorgan Coal Company, LLC, Terry Eagle L.P., Nicholas-Clay Land & Mineral, Inc., Nicholas-Clay Company, LLC, and Alex Resources, Inc., Genwal Resources, Inc., Jim Walter Resources, Inc., Pacific Coast Coal Company, Usibelli Coal Mine, Inc., Powder River Coal Company, West Ridge Resources, Inc., United States Steel Mining Company, LLC, and Covenant Coal Corporation, Plaintiffs-Appellants, and Rapoca Energy Company, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided December 11, 2003.


Attorney(s) appearing for the Case

Paul A. Andrew Horowitz, Coudert Brothers LLP, of New York, NY, argued for plaintiffs-appellants Consolidation Coal Company, et al. With him on the brief were Steven H. Becker, Charles H. Critchlow, and Suzanne I. Offerman. On the brief for plaintiff-appellant Rapoca Energy Company, was John Y. Merrell, Jr., Merrell & Merrell, P.C., of McLean, VA.

Luke P. Levasseur, Commercial Litigation Branch, Civil Division, Trial Attorney, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were David M. Cohen, Director; Paul G. Freeborne, Trial Attorney; and Jeanne E. Davidson, Deputy Director. Of counsel on the brief was John Smathers, Attorney, Solicitor's Office, United States Department of Interior, of Washington, DC.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.


PROST, Circuit Judge.

Appellants (collectively "the coal producers") appeal from the decision of the United States Court of Federal Claims dismissing for lack of subject matter jurisdiction their complaints seeking damages in the amount of reclamation fees imposed and paid pursuant to the Surface Mining Control and Reclamations Act of 1977 (SMCRA). Consolidation Coal Co. v. United States, 54 Fed.Cl. 14 (2002). Because we conclude that the Court of Federal Claims...

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