P.B. Dirtmovers, Inc. v. United States

OPINION

MARGOLIS, Judge.

This is an action to recover mine reclamation fees plaintiff alleges it erroneously paid to defendant pursuant to the Surface Mining Control and Reclamation Act (“SMCRA”), 30 U.S.C. §§ 1201-1328. This case is before the court on cross-motions for summary judgment. The plaintiff, P.B. Dirtmovers, Inc. (“Dirtmovers”), argues that it is entitled to a refund of the reclamation fees it paid defendant because Dirtmovers is a contract miner with no economic interest in the coal mined and not an operator subject to the payment of mine reclamation fees pursuant to 30 U.S.C. §…