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FORESIGHT COAL SALES, LLC. v. CHANDLER

No. 21-6069.

60 F.4th 288 (2023)

FORESIGHT COAL SALES, LLC., Plaintiff-Appellant, v. Kent CHANDLER, in his official capacity as Chairman and Commissioner of Kentucky Public Service Commission, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2023.

Attorney(s) appearing for the Case

ARGUED: Joshua I. Hammack , BAILEY & GLASSER, LLP, Washington, D.C., for Appellant. Matthew F. Kuhn , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON BRIEF: Joshua I. Hammack , Nicholas S. Johnson , BAILEY & GLASSER, LLP, Washington, D.C., Christopher D. Smith , BAILEY & GLASSER, LLP, Charleston, West Virginia, for Appellant. Matthew F. Kuhn , Brett R. Nolan , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee.

LARSEN, J., delivered the opinion of the court in which CLAY, J., joined in full. BATCHELDER, J. (pg. 305), delivered a separate opinion concurring in the judgment.

OPINION

Kentucky imposes a severance tax on coal extracted within its borders. At the same time, Kentucky directs its utilities to buy the most competitive coal, with cost being one of the most important factors. Predictably, this combination of measures, along with the fact that many coal-producing states don't...

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