Wetzel County Solid Waste Authority v. Public Service Commission

Through this original proceeding, Wetzel County Solid Waste Authority (hereinafter referred to as the “Authority”) seeks a writ of mandamus to compel the West Virginia Public Service Commission (“PSC”) to enforce its final order denying a certificate of need to Lackawanna Transport Company (“Lackawanna”). Upon our careful review of this matter, we determine that the PSC has failed to take the necessary action to enforce its order of August 19, 2005, which denied Lackawanna’s application for a certificate of need to operate a sewage sludge composting facility. Although it has both statutory…