· 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 CourtListenerSourced 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.