Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

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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