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."?
SCOTUSblog Coverage
- Petition of the day (Conor McEvily, May 18, 2011)
Briefs and Documents
Certiorari-stage documents
- Opinion below (Federal Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioners' reply
- Amicus brief of Constitutional Law Professors
- Amicus brief of American Association of Exporters and Importers et al.
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