April 26, 2005
For immediate release | Mike Gauldin
(202) 208-2565
mgauldin@osmre.gov |
Coal Operators Directed to Continue Paying Export Fee Until Court Decision is Final
(Washington, DC) - Coal operators are being notified that they should continue to report coal tonnage sold for export and pay the related coal reclamation fees pending conclusion of a federal lawsuit on the matter.
In an April 4, 2005, decision, the U.S. Court of Federal Claims ruled that the reclamation fee as applied to coal exports is unconstitutional. However, a final judgment has not been entered because significant issues in the case remain unresolved. The government is also assessing whether to appeal the court's ruling.
The US Office of Surface Mining (OSM) will continue to require payment of coal reclamation fees on coal sold for export until the case is fully and finally resolved. OSM will provider further advisories to coal operators as the case proceeds.
-OSM-
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