Legal Opinion
SG Coal Co. v. Lujan
District Court, W.D. Virginia
Decided December 30, 1992No. Civ. A. No. 90-0150-APublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILSON, District Judge.
Under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”), a surface mine “operator” is required to pay a reclamation fee on mined coal. 30 U.S.C. § 1232. 30 C.F.R. § 870.12(b) provides that the fee is to be determined by the weight of the coal “at the time of initial bona fide sale, transfer of ownership, or use ... immediately after it is severed” from the ground.1 SG Coal Company, Inc. *1260(“SG Coal”) paid reclamation fees on a clean coal basis. The Office of Surface Mining (“OSM”) reviewed SG Coal’s production records and assessed SG Coal…
2Cases cited16 opinions
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
- National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949
- Collins v. United StatesDistrict Court, S.D. Georgia · 1974
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3Cited by5 opinions
- Shirley Molzof, as Personal Representative of the Estate of Robert E. Molzof v. United StatesCourt of Appeals for the Seventh Circuit · 1993
- In re Appalachian Fuels, LLCBankruptcy Appellate Panel of the Sixth Circuit · 2013
- P.B. Dirtmovers, Inc. v. United StatesUnited States Court of Federal Claims · 1994
- Appalachian Fuels, LLC v.Bankruptcy Appellate Panel of the Sixth Circuit · 2013
- In re Appalachian Fuels, LLCUnited States Bankruptcy Court, E.D. Kentucky · 2014