Usa v. Brook Contracting Corp’s Empirical Analysis
759 F.2d 320 · 1985
Citation profile
13 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 22 later decisions — most recently June 2010
13 federal appellate · 1 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 30 U.S.C. § 1232
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · United States v. American Trucking Associations · Richards v. United States · Reiter v. Sonotone Corp. · American Tobacco Co. v. Patterson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“rock, clay, dirt, and other debris in the computation of the reclamation fee.” Brook, at 327. The court ruled that “[t]o the extent that the government interprets § 870.-12(b) [the 1982 regulations] to authorize imposition of the reclamation fee on noncoal material mined by appellants here, we hold this regulation exceeds the scope of 30 U.S.C. § 1232 (a) and is therefore invalid.” Brook, at 327. In reaching its conclusion the Third Circuit relied heavily on legislative history indicating that:”
1 later decision quote this exact passage · from the majority“"Congress was very much concerned about economic burdens to the economy in general, and the coal industry in particular. Congressional research went to great pains to project costs to the consumers and the industry that would result from implementation of the reclamation fees. These projections strongly suggest that Congress intended to impose the fee on combustible coal only, and not ... on additional tonnages of rock, clay and dirt.””
1 later decision quote this exact passage · from the majority“(3) The weight of each ton shall be determined by the actual gross weight of the coal. (i) Impurities, including water, that have not been removed prior to the time of initial bona fide sale, transfer of ownership, or use by the operator shall not be deducted from the gross weight [emphasis in original].”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.