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RAILROAD COM'N v. WASTE MANAGEMENT OF TEXAS

No. 3-93-374-CV.

880 S.W.2d 835 (1994)

RAILROAD COMMISSION OF TEXAS; Environmental Transportation Services, Inc.; Waste Processor Industries, Inc.; Channel Transportation Co., Inc.; WPI Trucking, Inc.; Texas Tank Truck Carriers Association, Inc.; Allwaste Environmental Services; and Bealine Service Co., Inc., Appellants, v. WASTE MANAGEMENT OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 31, 1994.

Attorney(s) appearing for the Case

Robert J. Birnbaum, Austin, for Allwaste Environmental Services of Texas, Inc. & Bealine Service, Co., Inc.

Robert L. Seibert; Felts & Mashburn, Austin, for Environmental Transp. Services, Inc.; Waste Processor Industries, Inc.; Channel Transportation Co., Inc.; WPI Trucking, Inc.; Texas Tank Truck Carriers Ass'n, Inc.

Dan Morales, Atty. Gen., Liz Bills, Asst. Atty. Gen., Austin, for Railroad Comm'n of Texas.

Brent W. Ryan; McElroy & Sullivan, L.L.P., Austin, for appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

JONES, Justice.

This case requires us to determine whether the Texas Railroad Commission has jurisdiction to regulate the transportation of certain solid waste for compensation or hire when the waste in question has no commercial value and its owner seeks only to dispose of it. Waste Management of Texas, Inc. sued the Railroad Commission in the District Court of Travis County seeking a declaratory judgment that the Railroad...

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