Kleenwell Biohazard Waste & General Ecology Consultants, Inc. v. Nelson

Kleenwell Biohazard Waste and General Ecology Consultants, Inc. (“Kleenwell”) appeals the district court’s denial of a preliminary injunction and subsequent grant of summary judgment in favor of Sharon Nelson, Richard Casad, and A. J. Pardini, members of the Washington Utilities and Transportation Commission (collectively “the WUTC” or “the Commission”), in this 42 U.S.C. § 1983 action. Kleenwell claims that the state requirement that it. obtain a certificate of public convenience and necessity from the WUTC in order to collect and transport medical waste violates the Commerce Clause because Kleenwell engages in interstate waste transportation.

We reject Kleenwell’s contention that the state may not impose a certification requirement upon a firm engaged in interstate commerce. Accordingly, we affirm the district court’s decision to deny Kleenwell’s request for a preliminary injunction and to grant the WUTC’s motion for summary judgment. FACTS

Kleenwell is a Washington corporation with all of its facilities located within the state. From 1989 to 1993, Kleenwell operated a medical waste collection and disposal service in the King County area, the most densely populated region of…