Memorandum Opinion and Order

Currently pending before the court are (1) a Motion to Dismiss, filed by the Public Service Commission (“PSC”) and its Commissioners, named in their official capacities (collectively referred to as “PSC Defendants”), on August 5, 2003 (docket sheet document # 18); (2) a Motion to Dismiss, filed August 6, 2003, by the WV Association of Solid Waste Haulers and Recyclers (“SWH”) (# 20); and (3) a Motion to Dismiss, filed August 6, 2003, by BFI Waste Systems of North America (“BFI”) (# 22).  Plaintiffs responded on August 20, 2003 (# 28), and the PSC Defendants (# 31) and BFI (# 32) replied on September 2, 2003, and September 4, 2003, respectively.  The parties consented to proceeding before a magistrate judge, pursuant to 28 U.S.C. § 636(c)(1), and the motions are now ripe for decision.