Surface Mining Control and Reclamation Act: Reclamation Fee Constitutional Law: Export-Import Clause

摘要

Upon remand, both the United States and the plaintiffs file motions for summary judgment. The basis for the plaintiffs' motion for summary judgment is that an earlier decision, Drummond Coal Co. v. Hodel, 796 F.2d 503 (D.C.Cir. 1986) concluded that the regulations relating to the reclamation fee could be interpreted to apply to not just the production of coal but also its sale, including sales to foreign entities which would trigger Export Clause violations. The United States, however, argues that the Federal Circuit's opinion concluded that the reclamation fee was constitutional due to its savings construction applying both the statutory and regulatory language. The court agrees with the United States that the constitutionality of the reclamation fee has been decided by the Federal Circuit, which justifies the granting of the summary judgment motion filed by the United States.