Laidlaw Environmental Services, Inc. v. Louisiana Public Service Commission

No. 99-CA-1306 (La. November 30, 1999)

ELR Digest

The court reverses a state district court and holds that a state agency erred in granting the transfer of a waste transportation company's common carrier certificate to another company in exchange for that company's contract carrier permit plus $ 50,000. A common carrier certificate allows waste transport for an unlimited number of customers, whereas a contract carrier permit restricts the number of customers to five. The court first holds that the waste transportation company did not satisfy its burden of proof that it had substantially operated all rights under its certificate for six consecutive months immediately prior to filing its application to transfer the certificate. The operations must be substantial in terms of both duration and nature. Even assuming the waste transportation company conducted the business it testified to, such conduct was at most fragmentary and occasional business under its certificate. Similarly, the company's performance of one regulated haul and its submission of four bids for regulated hauls cannot constitute operations that are substantial in nature as a matter of law. The court next holds that the company's failure to engage in regulated hauls was not due to causes beyond its control because it voluntarily chose to operate outside the parameters of its certificate.

The full text of this opinion is available from ELR (11 pp., ELR Order No. L-147).

Counsel for Plaintiffs
Stephen E. Edwards
Arnold, White & Durkee
750 Bering Dr., Houston TX 77057
(713) 787-1400

Counsel for Defendants
Eve K. Gonzalez
Law Offices of Eve K. Gonzalez
4916 U.S. 190 W., Port Allen LA 70767
unlisted

[30 ELR 20242]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]