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United States v. Troup

Citation: 17 ELR 20907
No. No. 86-1409, 821 F.2d 194/26 ERC 1221/(3d Cir., 06/18/1987)

The court holds that a defense to a collection action under § 402(a) of the Surface Mining Control and Reclamation Act (SMCRA) contending that reclamation fees need only be paid on the weight of the coal after it has been cleaned constitutes a challenge to SMCRA regulations and hence can only be brought in the United States District Court for the District of Columbia. The defense challenges the regulations that specifically provide that "impurities . . . that have not been removed prior to the time of initial bona fide sale . . . shall not be deducted from the gross weight" subject to the reclamation fee. Under SMCRA § 526, jurisdiction to decide such a challenge rests solely with the District of Columbia Distict Court.

Counsel for Appellant
Maria A. Iizuka, Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2753

Counsel for Appellee
Edward E. Kopko
Law Office of James J. Curran
200 Mahantongo St., Pottsville PA 17901
(717) 622-5150

Before Becker and Mansmann, JJ.