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US Readies Collection of Superfund Petroleum Tax, Argus Media

Tuesday, December 20, 2022

An Argus article about a new petroleum tax in the United States to pay for environmental cleanup projects cites a LawFlash by partner Jennifer Breen and associate James Steele. The article notes the tax on crude oil received at refineries and imported petroleum products will be collected in the same manner as an existing tax that funds the Oil Spill Liability Trust Fund and that the 5th US Circuit Court of Appeals in late 2022 said that the oil spill liability tax could not be applied to US crude exports.

“The uneven enforcement of the oil spill tax inside and outside the 5th Circuit ‘could create a competitive disadvantage’ with similar business operations,” Argus wrote, quoting the LawFlash.

“Those stakes ‘will soon be far greater’ once the Superfund tax begins to apply next year.”

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