Montana entrepreneur sues for the right simply to haul junk
November 15, 2022
Kalispell, MT; November 15, 2022: Today, Parker Noland filed a constitutional challenge to Montana’s certificate of public convenience and necessity (CON) law for “junk haulers” — or Class D motor carriers — that allows entrenched companies to stop his business. His lawsuit seeks to vindicate his right under both the Montana and U.S. Constitutions to earn an honest living without undue government interference.
After Parker was medically discharged from the U.S. Army, he bought a few small dumpsters and a specialized truck and set out to become a hauler of construction debris.
Before Parker could even get his new endeavor off the ground, the Montana Public Service Commission issued a cease-and-desist order, saying he needed a certificate of public convenience and necessity (CON) before opening for business. After Parker filed for his certificate, the two largest waste companies protested his application. After a lengthy and costly legal battle, Parker withdrew his application.
“Montana cannot prevent individuals from providing critical services simply to protect established companies from competition,” said Pacific Legal Foundation (PLF) attorney Jack Brown. “Parker Noland and entrepreneurs like him have the right to earn a living under the Montana and U.S. Constitutions.”
The case is Parker Noland v. Montana Public Service Commission, filed in Flathead County District Court, Kalispell, Montana. Parker Noland is represented free of charge by Pacific Legal Foundation.
PLF has challenged unconstitutional CON programs around the nation, particularly in the transportation and medical industries.
Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 14 victories out of 16 cases litigated at the U.S. Supreme Court.