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LPSC Opens Access for Waste Transporters; Eliminates Requirement of Proving Need

In a monumental vote on December 20, 2017, the Louisiana Public Service Commission (“LPSC”) made a significant change to its rules for obtaining authority to transport waste intrastate in Louisiana. In particular, the LPSC eliminated the requirement of proving “public convenience and necessity,” or public need, before obtaining a new or expanded authority to transport waste intrastate in Louisiana. This move by the LPSC follows a similar statutory change by the Louisiana Legislature in Act 278 (Senate Bill 50) of the 2017 Regular Legislative Session. These recent actions by the LPSC and Legislature are expected to end the common practice of few motor carriers with existing authorities opposing applications by potential competitors by arguing a lack of need for the issuance of additional certificates. Motor carrier applicants will still need to prove fitness, by proving sufficient safety policies, proper equipment, trained employees, financial security, and similar factors.

Marionneaux Kantrow has assisted a number of companies in obtaining waste transportation authority throughout the years and stands ready to help applicants navigate the new process and obtain substantial new or expanded authorities. For questions, more information, or for further discussions, please call (225-757-1709) or email Kyle Marionneaux ([email protected]) or Kara Kantrow ([email protected]).