Montana Solid Waste Contractors, Inc. v. Montana Department of Public Service Regulation

¶1 The genesis of this dispute is a solid waste transportation certificate issued by the Montana Public Service Commission (PSC, the Commission or Agency) in 1977 to Suhr Transportation. Suhr sold the certificate to Jim’s Excavating in 1992 and Jim’s transferred it to WWSS Inc. in 1993. MacKenzie Disposal bought it from WWSS in 1999. The PSC approved each transfer. Montana Solid Waste Contractors (MSWC) and Allied Waste Services (Allied), alleged that Suhr, Jim’s and WWSS failed to comply with the applicable rules and the PSC failed to enforce those rules. While they argued that all three…