Consolidation Coal Co. v. United States

102 Fed. Cl. 489, 2011 WL 6098276
CourtUnited States Court of Federal Claims
DecidedDecember 8, 2011
DocketNos. 07-00266C, 05-01211C, 05-00929C, 09-00734C, 09-00770C, 05-01284C
StatusPublished
Cited by4 cases

This text of 102 Fed. Cl. 489 (Consolidation Coal Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidation Coal Co. v. United States, 102 Fed. Cl. 489, 2011 WL 6098276 (uscfc 2011).

Opinion

ORDER

BOHDAN A. FUTEY, Judge.

Before the Court is plaintiffs’ motion to continue the stay in the above-captioned cases. The Court stayed these cases pend[491]*491ing the outcome of Consolidation Coal Co. v. United States, No. 01-254 (“Consolidation Coal 7”).1 That ease has now been conclusively resolved by this Court, the Federal Circuit, and the Supreme Court, which denied a petition for a writ of certiorari on June 13, 2011.

Although these eases had been stayed pending Consolidation Cool I, plaintiffs now assert that the Court should continue the stay, despite resolution of that ease. According to plaintiffs, a new case filed in federal district court may eventually be decided differently by the district court, the court of appeals, and the Supreme Court. If that occurs, plaintiffs claim that they may be prejudiced by the dismissal of these cases. Defendant, on the other hand, seeks to lift the stay and move for judgment, based upon the decision of the Federal Circuit in Consolidation Coal I. See Consolidation Coal Co. v. United States, 615 F.3d 1378 (Fed.Cir.2010).

I. Background

The facts of these eases have been extensively reviewed elsewhere. See, e.g., Consolidation Coal Co. v. United States, 351 F.3d 1374, 1376-78 (Fed.Cir.2003). Under the Surface Mining Control and Reclamations Act of 1977 (“SMCRA”), 30 U.S.C. §§ 1201-1238 (2006), a reclamation fee is used to fund the Abandoned Mine Reclamation Fund. See id. § 1232(a) (requiring payment of “a reclamation fee of 35 cents per ton of coal produced by surface mining”).

Plaintiffs, a group of coal producers, sued in 2001 in the Court of Federal Claims and argued that the reclamation fee violates the Export Clause to the Constitution. For the next ten years, that case, Consolidation Coal I, proceeded before this Court, the Federal Circuit, and, on a petition for a writ of certiorari, the Supreme Court. Meanwhile, the eases relevant to the current motion were stayed as they were filed, pending the outcome of Consolidation Coal I.

The constitutionality of the challenged reclamation fee hinges on the breadth of its coverage. If the fee covers “coal extracted” alone, then the fee is constitutional. Consolidation Coal Co. v. United States, 528 F.3d 1344, 1347 (Fed.Cir.2008). If, however, it more broadly covers “the entire process of extracting and selling coal,” then certain applications of the fee would be unconstitutional. Id. Relying on the canon of constitutional avoidance, the Federal Circuit found on June 11, 2008 that the statute at issue could reasonably be interpreted to cover only “coal extracted” and thus was constitutional. Id. at 1348. On remand, the coal producers argued that, even if the statute itself were constitutional, the regulations implementing the fee were not, but the Federal Circuit eventually held on August 2, 2010 that the “challenged regulations for collecting the reclamation fee under SMCRA, like the statute itself, apply to ‘coal extracted’ and do not violate the Export Clause.” Consolidation Coal Co. v. United States, 615 F.3d 1378, 1382 (Fed.Cir.2010).

Plaintiffs sought on multiple occasions to overturn the panel decision of the Federal Circuit in Consolidation Coal I. On October 12, 2010, the full Federal Circuit denied a petition for a rehearing and rehearing en banc, and the Supreme Court denied a petition for a writ of certiorari on June 13, 2011.

As noted above, these cases were stayed pending the resolution of Consolidation Coal I. After the Supreme Court denied the petition for a writ of certiorari, plaintiffs moved on October 14, 2011 to continue the stay in these cases pending a new ease filed in federal district court. In that case, Coal River Energy LLC v. Ken Salazar, Secretary, & United States Department of the Interior, No. 11-1648 (D.D.C. filed Sept. 13, 2011), plaintiffs expect that the trial court and appellate court “will rule” in favor of the coal producers and reach a different conclusion than the Federal Circuit in Consolidation Coal I. See Pis.’ Mot. Continue Stay Proceedings 4, ECF No. 21. Plaintiffs therefore [492]*492request that the Court continue the stay. Defendant filed an opposition on October 31, 2011, and plaintiffs filed a reply on November 7, 2011.

II. Discussion

The parties disagree about essentially two matters related to the continuation of the stay. First, they propose different standards to guide the Court’s analysis of whether to continue the stay. Second, whatever the standard, they disagree about the application of that standard to the facts.

A. The Standard for Considering an “Indefinite Stay" Applies to the Pending Motion.

Both parties—and the Court—agree that the Court has the power to grant the pending motion. As the Supreme Court has noted, “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket.” Landis v. North Am. Co., 299 U.S. 248, 254, 57 S.Ct. 163, 81 L.Ed. 153 (1936); see also Cherokee Nation of Okla. v. United States, 124 F.3d 1413, 1416 (Fed.Cir.1997) (“The power of a federal trial court to stay its proceedings, even for an indefinite period of time, is beyond question.”).

Even though the Court has the power to further stay the cases, its discretion must control the use of that power, and the parties disagree as to what standards should guide that discretion. Cherokee Nation, 124 F.3d at 1416. While plaintiff uses the typical analysis for a stay pending appeal, Hilton v. Braunskill, 481 U.S. 770, 776, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987), defendant asserts that the standard for granting an “indefinite stay” should govern. Cherokee Nation, 124 F.3d at 1414.

A stay pending appeal is a form of interim injunctive relief designed to “maintain the status quo pending a final determination of the merits of the suit.” Washington Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 844 (D.C.Cir.1977). Before granting such a stay, a court must consider:

(1) [Wjhether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.

Hilton, 481 U.S. at 776, 107 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
102 Fed. Cl. 489, 2011 WL 6098276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidation-coal-co-v-united-states-uscfc-2011.