United States v. Brook Contracting Corp.

ELR Citation: ELR 20539
No(s). 84-5607 (3d Cir. Apr 18, 1985)

The court rules that the Surface Mining Control and Reclamation Act (SMCRA) §402 reclamation fee may be levied only upon the weight of combustible coal mined, not on the weight of rock, clay, dirt, and other debris mined with the coal.The court preliminarily holds that the district court's grant of...