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United States v. Consolidation Coal Co.

Citation: 17 ELR 20527
No. No. 86-1001, 811 F.2d 1505/25 ERC 1551/(4th Cir., 01/30/1987)

The court rules that reclamation fees under § 402(a) of the Surface Mining Control and Reclamation Act (SMCRA) may be assessed on coal mined prior to SMCRA's enactment where the economic benefit has been derived after SMCRA's effective date. Therefore, a coal company may be assessed fees on coal mined prior to SMCRA's enactment in 1977 but recovered from a refuse pile and sold in 1978. The court also holds that the extraction of coal from a refuse deposit is subject to the same fee as coal from a surface mine.

Counsel for Appellee
Dianne M. Shawley
Office of the Solicitor
Department of the Interior, 18th & C Sts. NW, Washington DC 20240
(202) 343-1100

Counsel for Appellant
Daniel E. Rogers
Consolidation Coal Co.
1800 Washington Rd., Pittsburgh PA 15241
(412) 831-4105

Before Fussell, Sprouse & Chapman, JJ.