Legal Opinion
Consolidation Coal Co. v. United States
United States Court of Federal Claims
Decided August 14, 2002No. 01-254C, 01-442CPublishedCited by 9 opinions
1Opinion of the Court
OPINION
FUTEY, Judge.
This Fifth Amendment takings case comes before the court on defendant’s motion to dismiss and plaintiffs’ motion for summary judgment. Plaintiffs are producers, sellers and exporters of coal. Pursuant to 30 U.S.C. § 1232 (2000) and 30 C.F.R. § 870.12 (2001), plaintiffs have paid a reclamation fee on coal which they have extracted from mines in the United States and which is then sold for export. Plaintiffs’ argue that payment of this reclamation fee amounts to a tax on exports and is therefore in violation of the Export Clause of the United States Constitution which…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Papasan v. AllainSupreme Court of the United States · 1986
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Data Disc, Incorporated v. Systems Technology Associates, Inc.Court of Appeals for the Ninth Circuit · 1977
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Consolidation Coal Co. v. United StatesUnited States Court of Federal Claims · 2009
- Consolidation Coal Co. v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Consolidation Coal Co. v. United StatesUnited States Court of Federal Claims · 2005
- Consolidation Coal Co. v. United StatesUnited States Court of Federal Claims · 2012
- Ontario Power Generation, Inc. v. United StatesUnited States Court of Federal Claims · 2002
4 more not listed; retrieve them via the Exa API.