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Home / Opinion Digests / Civil Rights – Commerce Clause – Infectious Medical Waste – Hauler – Certificate Of Convenience (access required)

Civil Rights – Commerce Clause – Infectious Medical Waste – Hauler – Certificate Of Convenience (access required)

Where the West Virginia Public Service Commission requires collectors, haulers and transporters of infectious medical waste to obtain a certificate of convenience and necessity in order to operate within West Virginia, the burden on interstate commerce imposed by requiring prospective market participants to make a showing of public convenience and necessity outweighs the local benefits ...