Llc v. United States

• Decision Date: 12 October 2010
• Docket Number: No. 2009-5083.,2009-5083.
• Parties: CONSOLIDATION COAL COMPANY, Consol of Pennsylvania Coal Company, Consol of Kentucky Inc., Eighty Four Mining Company, Helvetia Coal Company, Island Creek Coal Company, Kent Coal Mining Company, Keystone Coal Mining Corporation, Laurel Run Mining Company, McElroy Coal Company, Nineveh Coal Company, Quarto Mining Company, Eagle Energy, Inc., Elk Run Coal Company, Inc., Goals Coal Company, Green Valley Coal Company, Independence Coal Company, Inc., Knox Creek Coal Corporation, Marfork Coal Company, Inc., Martin County Coal Corporation, Peerless Eagle Coal Company, Performance Coal Company, Rawl Sales & Processing Company, Sidney Coal Company, Inc., Stone Mining Company, Jim Walter Resources, Inc., Eastern Associated Coal Corporation, Kingston Resources, Inc., Pioneer Fuel Corporation, Powder River Coal Company, Apogee Coal Company, Arch Western Resources, LLC, Conyon Fuel Company, LLC, Catenary Coal Company, Coal-Mac, Inc., Dal-Tex Coal Corporation, Hobet Mining, Inc., Mingo Logan Coal Company, Payter Branch Mining, Inc., Plateau Mining Corporation, Rag Cumberland Resources, L.P., Rag Emerald Resources, L.P., Twentymile Coal Company, Coastal Coal Company, LLC, Coastal Coal-West Virginia, LLC, Evergreen Mining Company, Mid-Vol Leasing, Inc., Mountaineer Coal Development Company, Old Ben Coal Company, Shipyard River Coal Terminal Company, Riverside Energy, Inc., Virginia Crews Coal Company, Clintwood Elkhorn Mining Company, Gatliff Coal Company, Premier Elkhorn Coal Company, Perry County Coal Corporation, Glamorgan Coal Company, LLC, Terry Eagle, L.P., Nicholas-Clay Land & Mineral, Inc., Nicholas-Clay Company, LLC, Andalex Resources, Inc., Genwal Resources, Inc., Pacific Coast Coal Company, Usibelli Coal Mine, Inc., West Ridge Resources, Inc., United States Steel Mining Company, LLC and Covenant Coal Corporation, Plaintiffs-Appellants, and Wellmore Energy Company, LLC (formerly known as Rapoca Energy Company, LLC), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.
• Court: U.S. Court of Appeals — Federal Circuit

615 F.3d 1378

CONSOLIDATION COAL COMPANY, Consol of Pennsylvania Coal Company, Consol of Kentucky Inc., Eighty Four Mining Company, Helvetia Coal Company, Island Creek Coal Company, Kent Coal Mining Company, Keystone Coal Mining Corporation, Laurel Run Mining Company, McElroy Coal Company, Nineveh Coal Company, Quarto Mining Company, Eagle Energy, Inc., Elk Run Coal Company, Inc., Goals Coal Company, Green Valley Coal Company, Independence Coal Company, Inc., Knox Creek Coal Corporation, Marfork Coal Company, Inc., Martin County Coal Corporation, Peerless Eagle Coal Company, Performance Coal Company, Rawl Sales & Processing Company, Sidney Coal Company, Inc., Stone Mining Company, Jim Walter Resources, Inc., Eastern Associated Coal Corporation, Kingston Resources, Inc., Pioneer Fuel Corporation, Powder River Coal Company, Apogee Coal Company, Arch Western Resources, LLC, Conyon Fuel Company, LLC, Catenary Coal Company, Coal-Mac, Inc., Dal-Tex Coal Corporation, Hobet Mining, Inc., Mingo Logan Coal Company, Payter Branch Mining, Inc., Plateau Mining Corporation, Rag Cumberland Resources, L.P., Rag Emerald Resources, L.P., Twentymile Coal Company, Coastal Coal Company, LLC, Coastal Coal-West Virginia, LLC, Evergreen Mining Company, Mid-Vol Leasing, Inc., Mountaineer Coal Development Company, Old Ben Coal Company, Shipyard River Coal Terminal Company, Riverside Energy, Inc., Virginia Crews Coal Company, Clintwood Elkhorn Mining Company, Gatliff Coal Company, Premier Elkhorn Coal Company, Perry County Coal Corporation, Glamorgan Coal Company, LLC, Terry Eagle, L.P., Nicholas-Clay Land & Mineral, Inc., Nicholas-Clay Company, LLC, Andalex Resources, Inc., Genwal Resources, Inc., Pacific Coast Coal Company, Usibelli Coal Mine, Inc., West Ridge Resources, Inc., United States Steel Mining Company, LLC and Covenant Coal Corporation, Plaintiffs-Appellants,
and
Wellmore Energy Company, LLC (formerly known as Rapoca Energy Company, LLC), Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.

No. 2009-5083.

United States Court of Appeals,Federal Circuit.

Aug. 2, 2010.
Rehearing and Rehearing En Banc Denied Oct. 12, 2010.

615 F.3d 1379

Steven H. Becker, Baker & McKenzie, LLP, of New York, NY, argued for all plaintiffs-appellants. With him on the brief were Suzanne I. Offerman, Lindsay A. Minnis and Charles H. Critchlow. John Y. Merrell, Jr., Merrell & Merrell, P.C., of

615 F.3d 1380

McLean, VA, for plaintiff-appellant Wellmore Energy Company, LLC.

Todd M. Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Tara K. Hogan, Trial Attorney. Of counsel was Daniel W. Kilduff, Office of the Solicitor, Department of the Interior, of Washington, DC.

Before LOURIE, FRIEDMAN, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

The appellants in this case, a group of operators in the coal mining industry, appeal from the United States Court of Federal Claims' grant of summary judgment that certain regulations that implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA) reclamation fee do not violate the Export Clause of the Constitution. We affirm.

Background

This is the third opinion we have issued in this long-pending case. We explained the factual background in our previous opinion. See Consolidation Coal Co. v. United States, 351 F.3d 1374 (Fed.Cir.2003) ( Consol I ). Following our remand in Consol I, the Court of Federal Claims granted summary judgment in favor of the plaintiff coal producers on the issue of liability. Consolidation Coal Co. v. United States, 64 Fed.Cl. 718 (2005) ( Consol II ). We reversed on June 11, 2008, holding that the statutory fee was on “coal extracted” rather than “coal sold” and thus not an unconstitutional tax on exports. Consolidation Coal Co. v. United States, 528 F.3d 1344 (Fed.Cir.2008) ( Consol III ). On remand, the appellants (Consol, collectively) argued that Consol III only determined the constitutionality of the statute and separately argued the constitutionality of the implementing regulations. The Court of Federal Claims disagreed with the appellants that Consol III did not decide the constitutionality of the regulations and entered summary judgment in favor of the government on March 4, 2009. Consolidation Coal Co. v. United States, 86 Fed.Cl. 384 (2009) ( Consol IV ). This appeal followed.

Discussion

We review the Court of Federal Claims' grant of summary judgment and determinations of our scope of remand without deference. Old Stone Corp. v. United States, 450 F.3d 1360, 1367 (Fed.Cir.2006); Laitram Corp. v. NEC Corp., 115 F.3d 947, 950 (Fed.Cir.1997). Summary judgment is appropriate...