All Roll Calls
Yes: 300 • No: 190
MontanaHB 28569th Legislature, Regular Session (2025)House
Generally revise Montana environmental policy act
Sponsored By: Brandon Ler (Republican)
Became Law
Environmental Protection
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 2 costs, 4 mixed.
Quicker reviews and fewer permit holds
The law sets strict review clocks: 60 days for scoping, 90 days for a regular review, and 180 days for a detailed statement. Each can be extended once by up to 50%. After that, any delay needs the sponsor’s OK. If time runs out, the agency cannot block a permit unless it puts in writing that issuing it likely breaks a law or rule. Some permits are not covered by this “no withholding” rule. Agencies can only ask sponsors for information that is relevant and cannot demand extra‑detailed engineering. Public scoping notices must be neutral and avoid speculation. Sponsors can meet with the agency director, and if needed, speak to the environmental quality council or water policy committee with 30 days’ notice. Agencies also cannot deny or add permit conditions under this review law, unless the sponsor asks for mutual measures.
Harder to sue over reviews
Only people who filed formal comments can challenge a final decision, and only on issues they raised. They must file within 60 days, and the case must be in the county where the project will happen. The challenger must pay the agency’s actual costs to compile and submit the certified record. Courts must rely on the agency record; new evidence must be sworn as new, material, and not previously public and is sent back to the agency first. Challengers must prove their claims by clear and convincing evidence. Injunctions are available only with a likely win on the merits, irreparable harm, and a public‑interest finding. The court must make written findings and require a bond or other written promise to cover costs, lost wages, and up to one year of lost project revenue if the injunction was wrong. For certain permit or license constitutional claims, the plaintiff must first prove the underlying statute is unconstitutional.
Limits on climate-impact reviews
State environmental reviews cannot include greenhouse gas or climate‑impact analysis. Two exceptions apply: a joint review with a federal agency that requires it, or if Congress later regulates carbon dioxide under the Clean Air Act. Courts also cannot vacate or delay permits or similar approvals based only on greenhouse gas claims unless those federal conditions apply. If a coordination condition with another bill applies, the Department of Environmental Quality must issue public‑noticed guidance on when a greenhouse gas assessment is needed and how to do it.
Changes to council makeup and duties
At least half of certain environmental quality council appointees must come from legislative committees that handle these issues. The council must gather environmental data, review state programs, recommend policy, do studies, report to leaders, help lawmakers, and review rules and programs for DEQ, FWP, and DNRC.
Law cleanup and coordination rules
The law repeals several earlier MEPA policy, goal, constitutionality, and venue sections. If this law and another bill both change the same code section, the overlapping changes are void and the coordinated text in this law controls.
Utility rate cases skip review rules
When the public service regulator sets rates and charges for utilities, railroads, and motor carriers, it does not use these environmental review parts. This streamlines those cases but narrows environmental review in those proceedings.
What environmental reviews must cover
Reviews must include a detailed statement of impacts, unavoidable harms, and reasonable alternatives that work with current technology. Alternatives must be economically feasible for similar projects, and the review must include a real no‑action option and note effects on private property. Agencies must look at cumulative impacts, but only count future projects already under study or permitting now. The law does not change agencies’ separate duties to meet Montana environmental standards or to coordinate with other governments. It also keeps state programs running during reviews and does not change constitutional private‑property rights.
Sponsors & Cosponsors
Sponsor
Brandon Ler
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/15/2025
Do Concur
Yes: 63 • No: 34
House vote • 4/14/2025
Do Concur
Yes: 61 • No: 35
House vote • 4/4/2025
Do Concur
Yes: 31 • No: 18
House vote • 4/3/2025
Do Concur
Yes: 30 • No: 19
House vote • 2/13/2025
Do Pass
Yes: 57 • No: 42
House vote • 2/12/2025
Do Pass
Yes: 58 • No: 42
Actions Timeline
Chapter Number Assigned
5/5/2025HouseSigned by Governor
5/1/2025HouseTransmitted to Governor
4/22/2025HouseSigned by President
4/21/2025SenateSigned by Speaker
4/18/2025HouseReturned from Enrolling
4/15/2025HouseSent to Enrolling
4/15/2025House3rd Reading Passed as Amended by Senate
4/15/2025House2nd Reading Senate Amendments Concurred
4/14/2025HouseReturned to House with Amendments
4/4/2025Senate3rd Reading Concurred
4/4/2025Senate2nd Reading Concurred
4/3/2025Senate2nd Reading Pass Consideration
4/2/2025SenateCommittee Report--Bill Concurred as Amended
3/31/2025SenateCommittee Executive Action--Bill Concurred as Amended
3/28/2025SenateHearing
3/21/2025SenateReferred to Committee
2/21/2025SenateFirst Reading
2/14/2025SenateTransmitted to Senate
2/14/2025House3rd Reading Passed
2/13/2025House2nd Reading Passed
2/12/2025HouseCommittee Report--Bill Passed
2/10/2025HouseCommittee Executive Action--Bill Passed
2/7/2025HouseHearing
1/27/2025HouseFirst Reading
1/23/2025House
Bill Text
Enrolled
4/15/2025
As Amended (Version 2)
3/31/2025
Introduced
1/22/2025