COAL RIVER ENERGY, LLC v. JEWELL

No. 13-5119.

751 F.3d 659 (2014)

COAL RIVER ENERGY, LLC, Appellant v. Sally JEWELL, Secretary, U.S. Department of the Interior and United States Department of the Interior, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 2014.


Attorney(s) appearing for the Case

Steven H. Becker argued the cause and filed the briefs for appellant.

Tara K. Hogan , Senior Trial Counsel, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Assistant Attorney General, and Jeanne E. Davidson , Director.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.


SILBERMAN, Senior Circuit Judge:

Under the Surface Mining Control and Reclamation Act, operators of coal mines must pay a fee for each ton of coal they produce by mining. The purpose of the fee is to fund the restoration of land damaged by coal mining. A Department of the Interior regulation requires mine operators to pay the reclamation fee when the coal is ultimately sold or used, rather than immediately after the coal is removed from the ground. Appellant, a coal...

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