Judgment Order

For the reasons stated in the Findings of Fact and Conclusions of Law entered this day, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs’ Complaint for a permanent injunction and declaratory relief be, and the same hereby is, granted.  It is declared that West Virginia Code § 24A-2-5 is invalid insofar as it requires solid waste haulers engaged in the interstate transportation of solid waste to obtain a certificate of convenience and necessity from the PSC prior to providing those services.  The PSC is therefore permanently enjoined from interfering with Plaintiffs’ interstate transportation of solid waste from West Virginia to other states without having first obtained a certificate of convenience and necessity from the PSC. It is further ORDERED, ADJUDGED AND DECREED that: