Consolidation Coal Co. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
MOORE, Circuit Judge.
Appellant United States appeals from the United States Court of Federal Claims’s grant of summary judgment that application of the Surface Mining Control and Reclamations Act of 1977 (SMCRA) reclamation fee to export sales of coal violates the Export Clause of the Constitution. We reverse and remand.
BACKGROUND
This case reaches us after a long history, including a previous appeal to this court. The factual background was explained in our prior opinion and will not be repeated here. See Consolidation Coal Co. v. United States, 351 F.3d 1374 (Fed.Cir.2003). Following our…
2Cases cited7 opinions
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