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· 6/20/2011

Genon Mid-Atlantic, LLC v. Montgomery County, Md.

Citations

  • 650 F.3d 1021
  • 41 Envtl. L. Rep. (Envtl. Law Inst.) 20211
  • 2011 U.S. App. LEXIS 12407
  • 2011 WL 2438524

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an exaction that targets a single taxpayer is a punitive fee rather than a tax
  • holding that an exaction that targets a single taxpayer is a punitive fee rather than a tax
  • finding that the carbon emission charge at issue was a fee because “the burden [of the charge] falls on GenOn alone”
  • holding a levy on carbon dioxide emitters not a tax under the TIA where “50% [of revenues were] earmarked for funding greenhouse gas reduction programs”
  • remanding case and not resolving merits after finding TIA was no bar to district court’s jurisdiction
  • placing little weight on first factor, and characterizing three factor framework as an \aid\ in resolving governing question of whether assessment is for revenue raising purposes or regulatory purposes

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Niemeyer, Keenan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.