Consolidation Coal Co. v. United States

Petition for certiorari denied on June 13, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1020 Federal Cir. N/A N/A N/A N/A OT 2010

Disclosure: Goldstein, Howe & Russell represents the petitioners in this case, which is listed without regard for the likelihood that it will be granted.

Issue: Whether, when applied to coal that is eventually exported, the Surface Mining Control and Reclamation Act of 1977's Abandoned Mine Land fee - which by regulation is not assessed and collected until the time of first sale, transfer, or use of the coal - violates Article I, § 9, Clause 5 of the Constitution, which provides that "[n]o Tax or Duty shall be laid on Articles exported from any State.”

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