Allied Waste Services of N.A., LLC v. Montana Department of Public Service Regulation
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The Supreme Court affirmed in part and reversed in part the district court's order enjoining the Montana Department of Public Service Regulation (PSC) from propounding discovery in a dispute between Republic Services of Montana and North Valley Refuse (collectively, Petitioners), removing the PSC from the matter and ordering appointment of an independent hearing examiner to preside over the case, holding that the district court erred in requiring the PSC to appoint an independent hearing examiner.
Specifically, the Supreme Court held (1) the district court did not err by issuing a writ of prohibition barring the PSC from propounding discovery because the standards were satisfied for issuance of a writ of prohibition; but (2) the district court erred by issuing a writ of mandate requiring the PSC to appoint an independent hearing examiner. Because the authority for removal of the entire PSC based upon the independent actions of a staff member were insufficient, and the remedy under the circumstances was overbroad, the Court remanded the case for further proceedings.
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