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WYODAK RESOURCES DEVELOPMENT CORP. v. U.S.

No. 09-8097.

637 F.3d 1127 (2011)

WYODAK RESOURCES DEVELOPMENT CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 9, 2011.

Attorney(s) appearing for the Case

Walter Frederick Eggers , Holland & Hart LLP, Cheyenne, WY, ( Andrew Abbott Irvine , Holland & Hart LLP, Jackson, WY, with him on the briefs), for the Plaintiff-Appellant.

Michael Thomas Gray , ( Ignacia S. Moreno , Assistant Attorney General with him on the briefs), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the Defendant-Appellee.

Before LUCERO, GORSUCH, Circuit Judges, and ARGUELLO, District Judge.

LUCERO, Circuit Judge.

Wyodak Resources Development Corporation ("Wyodak") sued the United States in federal district court, seeking a refund of coal reclamation fees it allegedly overpaid under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. §§ 1201-1328. The district court concluded that 28 U.S.C. § 1346(a)(1) provided a basis for federal jurisdiction and a waiver of sovereign immunity because the reclamation fee is an...

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