Horizon Coal Corporation v. United States of America, Jerry Kohl D/B/A Kohl Industries, Third-Party

A coal mine operator initiated this action seeking reimbursement of reclamation fees paid to the government. The district court granted the operator’s motion for summary judgment and ordered the government to refund the fees with interest. The government appeals, arguing, inter alia, that the district court erred by (1) exercising jurisdiction over this matter; (2) holding that shale removed from the mine in question was “removed for purposes of commercial use” within the meaning of 30 U.S.C. § 1291(28)(A); and (3) awarding interest to the operator. For the following reasons, we affirm in…