Wyodak Resources Development Corp. v. United States

Surface Mining Control and Reclamation Act of 1977; American Society for Testing and Materials Coal Testing Standards.

OPINION AND ORDER

WHEELER, Judge.

Plaintiff Wyodak Resources Development Corp. (“Wyodak”) brought this case seeking a partial refund of reclamation fees that it paid to the Office of Surface Mining Reclamation and Enforcement (“OSM”) pursuant to the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). Wyodak claims that it originally failed to recognize the presence of significant amounts of lignite in its coal mine when it paid its reclamation fees. Lignite, which…