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MontanaHB 27069th Legislature, Regular Session (2025)House

Revise remedies to MEPA

Sponsored By: Katie Zolnikov (Republican)

Became Law

Environmental ProtectionCourts

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Faster environmental reviews for projects

The law sets clear time limits: 60 days for scoping, 90 days for a review, and 180 days for a detailed statement. An agency can extend once by up to 50% with written notice that explains why. If it misses the deadline, it generally cannot withhold a permit unless issuing it would likely break a law or rule. This exception does not cover some air quality and mining permits. Time spent on a board review of “significance” does not count against the clock. Agency directors must sign any significance finding, and scoping notices must be neutral. Project sponsors may appear before the Environmental Quality Council (or the Water Policy Committee for water issues) after a 30‑day notice.

Narrower state reviews and property safeguards

Agencies cannot deny or add permit conditions based on the state environmental review process. Alternatives must be realistic, use current technology, be viable compared to similar projects, and include a real no‑action option. Agencies may request only information relevant to the review and cannot demand more engineering detail than needed. Cumulative impacts count only if related projects are already under agency review. Transfers of permits or leases do not trigger a new review unless terms change in a material way. Reviews must study effects on private property when the action would regulate private property, and agencies use teams from natural and social sciences. The law confirms the review is procedural and not a new source of permitting power.

Higher hurdles and new lawsuit costs

Agencies can charge challengers for the actual cost to compile the certified record. Anyone asking for an injunction must post a bond to cover costs, including one year of lost wages and project revenues if the injunction was wrongful. Courts can halt permits only under strict standards and must tailor relief narrowly. No one can recover attorney fees or costs in these actions. Permit applicants may intervene in these lawsuits as a matter of right.

Limits on climate reviews and delays

State reviews do not include greenhouse gas or climate impact analysis. Two exceptions apply: a joint review when a federal agency requires it, or if Congress later adds carbon dioxide to the Clean Air Act. Courts cannot cancel or delay state permits on greenhouse gas claims, except in those same cases. The Department of Environmental Quality must publish guidance, with public comment, on when and how to do any greenhouse gas assessment in the allowed cases.

Stricter court rules for environmental cases

To sue, you must have submitted formal comments and you must file within 60 days. Courts review only the agency‑certified record; new evidence needs a sworn affidavit and goes back to the agency first. Challengers must prove claims by clear and convincing evidence, and courts use the remedies in the statute and may remand to the agency to fix issues. These cases get priority on court calendars. For state parts of joint federal reviews, state rules apply, and the law applies to pending and new cases.

Sponsors & Cosponsors

Sponsor

  • Katie Zolnikov

    Republican • House

Cosponsors

  • Steve Fitzpatrick

    Republican • House

  • Wylie Galt

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 461 • No: 78

House vote • 4/15/2025

Do Concur

Yes: 64 • No: 33

House vote • 4/14/2025

Do Concur

Yes: 60 • No: 36

House vote • 4/4/2025

Do Concur

Yes: 44 • No: 5

House vote • 4/3/2025

Do Concur

Yes: 46 • No: 2

House vote • 3/26/2025

Rerefer to Natural Resources-Galt

Yes: 48 • No: 2

House vote • 2/13/2025

Do Pass

Yes: 99 • No: 0

House vote • 2/12/2025

Do Pass

Yes: 100 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House

  2. Signed by Governor

    5/1/2025House

  3. Transmitted to Governor

    4/22/2025House

  4. Signed by President

    4/21/2025Senate

  5. Signed by Speaker

    4/18/2025House

  6. Returned from Enrolling

    4/15/2025House

  7. Sent to Enrolling

    4/15/2025House

  8. 3rd Reading Passed as Amended by Senate

    4/15/2025House

  9. 2nd Reading Senate Amendments Concurred

    4/14/2025House

  10. Returned to House with Amendments

    4/4/2025Senate

  11. 3rd Reading Concurred

    4/4/2025Senate

  12. 2nd Reading Concurred

    4/3/2025Senate

  13. 2nd Reading Pass Consideration

    4/2/2025Senate

  14. Committee Report--Bill Concurred as Amended

    3/31/2025Senate

  15. Committee Executive Action--Bill Concurred as Amended

    3/28/2025Senate

  16. Rereferred to Committee

    3/26/2025Senate

  17. Committee Report--Bill Concurred

    3/24/2025Senate

  18. Committee Executive Action--Bill Concurred

    3/21/2025Senate

  19. Hearing

    3/12/2025Senate

  20. Referred to Committee

    2/21/2025Senate

  21. First Reading

    2/14/2025Senate

  22. Transmitted to Senate

    2/14/2025House

  23. 3rd Reading Passed

    2/13/2025House

  24. 2nd Reading Passed

    2/12/2025House

  25. Committee Report--Bill Passed

    2/10/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 2)

    3/31/2025

    PDF

  • Introduced

    1/21/2025

    PDF

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