Preview:

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #025 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 5th day of May, 2009, are as follows:

BY GUIDRY, J.:

2008-CA-2340

VACUUM TRUCK CARRIERS OF LOUISIANA, INC. AND ITS MEMBER CARRIERS v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of E. Baton Rouge) For the reasons expressed above, the judgment of the district court, rescinding the Commission=s Order No. T-29541 granting Southern a common carrier certificate with limited and restricted authority, is reversed, and the Commission=s order is reinstated. All costs of this appeal are assessed against the protestant, Vacuum Truck Carriers. REVERSED; ORDER NO. T-29541 REINSTATED.

05/05/09

SUPREME COURT OF LOUISIANA No. 2008-CA-2340 VACUUM TRUCK CARRIERS OF LOUISIANA, INC. and ITS MEMBER CARRIERS VERSUS LOUISIANA PUBLIC SERVICE COMMISSION ON APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT, FOR THE PARISH OF EAST BATON ROUGE, HONORABLE KAY BATES, JUDGE GUIDRY, Justice This appeal raises the issue of whether the Louisiana Public Service Commission (hereinafter, "Commission") acted arbitrarily or capriciously when it granted Southern Specialties Transportation, L.L.C. (hereinafter, "Southern") a limited and restricted common carrier certificate authorizing the transportation of drilling mud for disposal originating in only six named parishes, with additional restrictions specifically prohibiting transportation by dump truck of non-hazardous solid waste originating in three other named parishes. On appeal to the 19th Judicial District Court pursuant to La. Rev. Stat. 45:1192, the district court rescinded the Commission's Order No. T-29541. Thereafter, the Commission and Southern appealed directly to this court pursuant to La. Const. art. IV,

Download 2008-CA-2340 VACUUM TRUCK CARRIERS OF LOUISIANA, INC. AND ITS MEMBER CARRIERS v.

Louisiana Law