Legal Opinion
Solid Waste Services of West Virginia v. Public Service Commission
West Virginia Supreme Court
Decided July 15, 1992No. 20996PublishedCited by 4 opinions
1Opinion of the Court
NEELY, Justice:
Solid Waste Services of West Virginia (SWS) appeals the decision of the Public Service Commission (PSC) that denied its application for a transfer of motor carrier certificates for hauling garbage within Wetzel, Tyler and portions of Marshall Counties from Eller Excavating and Hauling and Ma-Reb Corporation (Eller) to SWS. Alleging that the PSC’s determination of SWS’s “unfitness” was both legally and factually incorrect, SWS appeals. The intervenor, “Halt Out-of-State Garbage, Inc.” (HOG) cross-appeals the PSC ruling that the SWS-owned landfill is not a utility asset within…
2Cases cited7 opinions
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Chemical Waste Management, Inc. v. HuntSupreme Court of the United States · 1992
- Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural ResourcesSupreme Court of the United States · 1992
- Weirton Ice & Coal Supply Co. v. Public Service CommissionWest Virginia Supreme Court · 1977
- Chabut v. Public Service CommissionWest Virginia Supreme Court · 1987
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3Cited by4 opinions
- Braxton County Citizens for a Better Environment v. Public Service CommissionWest Virginia Supreme Court · 1993
- Bebe Enterprises, Inc. v. Public Service CommissionWest Virginia Supreme Court · 1997
- SRC Holdings, LLC, Formerly Known as Williams Holdings, LLC, Doing Business as Williams Transport v. The Public Service Commission of West VirginiaWest Virginia Supreme Court · 2021
- SWN Production Company, LLC v. City of Weirton and City of Weirton Board of Zoning AppealsIntermediate Court of Appeals of West Virginia · 2023