METRO TRISTATE v. PUBLIC SERVICE COM'N

No. 20-0766.

859 S.E.2d 438 (2021)

METRO TRISTATE, INC., Petitioner, v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Community Pastor Care, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 14, 2021.


Attorney(s) appearing for the Case

David B. Hanna, Esq. , Thomas N. Hanna, Esq. , Charleston, West Virginia, Counsel for the Petitioner.

Robert S. Pruett, Esq. , R. Booth Goodwin II, Esq. , Stephanie H. Daly, Esq. , Goodwin & Goodwin, LLP, Charleston, West Virginia, Counsel for Respondent Community Pastor Care, LLC.

Robert M. Adkins, Esq. , Jessica M. Lane, Esq. , Charleston, West Virginia, Counsel for Respondent Public Service Commission of W. Va.


In this appeal of an order from the West Virginia Public Service Commission ("the Commission"), the Commission ruled that its jurisdiction under state law to regulate a company was preempted by federal law. The company was operating in West Virginia solely as a contractor for a federal agency. More importantly, the federal agency...

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