GENON MID-ATLANTIC, LLC v. MONTGOMERY COUNTY, MD.

No. 10-1882.

650 F.3d 1021 (2011)

GENON MID-ATLANTIC, LLC, Plaintiff-Appellant, v. MONTGOMERY COUNTY, MARYLAND, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2011.


Attorney(s) appearing for the Case

ARGUED: Lewis Steven Wiener , Sutherland Asbill & Brennan, LLP, Washington, D.C., for Appellant. Karen Louise Federman Henry , County Attorney's Office, Rockville, Maryland, for Appellee. ON BRIEF: Jeffrey A. Friedman , A. Pilar Mata , G. Brendan Ballard , Sutherland Asbill & Brennan, LLP, Washington, D.C., for Appellant. Marc P. Hansen , Acting County Attorney, Patricia P. Via , Chief, Division of Litigation, Scott R. Foncannon , Associate County Attorney, County Attorney's Office, Rockville, Maryland, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge KEENAN joined.


OPINION

WILKINSON, Circuit Judge:

The question in this case is whether a Montgomery County, Maryland exaction on carbon dioxide emissions, levied only upon GenOn Mid-Atlantic's electricity-generating facility, is a tax or a fee. After holding that the carbon charge was a tax, the district court determined that the Tax Injunction Act deprived it of jurisdiction to hear GenOn's challenge. We think, however, that because the charge was levied upon a single...

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