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· 11/23/1984

United States v. River Coal Company, Inc. Polls Creek Coal Company, Inc. New Brush Creek Mining, Inc.

Citations

  • 748 F.2d 1103
  • 11 Collier Bankr. Cas. 2d 1432
  • 14 Envtl. L. Rep. (Envtl. Law Inst.) 20866
  • 21 ERC (BNA) 2147
  • 1984 U.S. App. LEXIS 16525
  • 12 Bankr. Ct. Dec. (CRR) 606
  • 21 ERC 2147

How courts have described this case

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

  • holding that mining charges were “taxes” for purposes of the Tax Injunction Act; reclamation fees were taxes, and so nondischargeable in (2
  • explaining that the reclamation fee “is an involuntary exaction for a public purpose ... [which] has the essential characteristics of a tax----”
  • assessments imposed by state commodity on purchaser of fryer chickens were fees since agency used assessment for the primary benefit of payer, rather than general public
  • reclamation fee imposed on strip mine operators is a tax since fee did not confer an individual benefit on the mine operator not enjoyed by the public generally
  • “the chief distinction is that a tax is an exaction for public purposes while a fee relates to an individual privilege or benefit to the payer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lively, Merritt, Gibbons

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.