MontanaSB 22169th Legislature, Regular Session (2025)SenateWALLET

Generally revise the Montana environmental policy act

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Tighter court rules for environmental lawsuits

You may sue only after a final agency action, only if you filed formal comments, and only on those issues. You must file within 60 days and pay the agency’s actual cost to prepare the certified record. Courts usually review only that record, and you must prove your claim by clear and convincing evidence; new evidence needs a sworn affidavit and is sent back to the agency to consider. A court can block a permit only with findings of likely success, irreparable harm, and public interest, must weigh local and state economic impacts, and must tailor relief; the challenger must post a written undertaking to cover costs, lost wages, and up to one year of lost project revenues. Courts cannot vacate or delay permits on greenhouse gas claims unless a federal agency requires the review or Congress adds carbon dioxide as a regulated pollutant. Applicants have a right to intervene if they are not already named in the case.

Fees and clearer rules for permits

If your application needs an environmental impact statement (EIS), the agency can charge a fee to gather data. It must decide if an EIS is needed within a legal deadline or within 90 days, and no fee applies if it plans a negative declaration. Your application is complete only when all required data, studies, plans, forms, fees, and signatures are included. Agencies cannot deny or add permit conditions based only on these environmental review parts, unless you agree to add measures.

New greenhouse gas review rules for projects

State agencies must do a greenhouse gas assessment for any fossil fuel activity. Agencies may also do an assessment for other actions when needed, but reviews cannot include greenhouse gas or climate impacts unless an assessment is required. The law lists which gases count and defines what a "proposed action" includes, excluding upstream and downstream effects. For private projects, alternatives focus on measures that meet the same goal, not a different facility or project, and agencies must consider cumulative impacts. The Department of Environmental Quality must issue guidance on when and how to do these assessments and take public comments before finalizing it.

Sponsors & Cosponsors

Sponsor

Wylie Galt
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 287 • No: 102

Senate vote • 4/10/2025

Do Concur

Yes: 63 • No: 35

Senate vote • 4/9/2025

Cloture-France

Yes: 90 • No: 4

Senate vote • 4/9/2025

Do Concur

Yes: 60 • No: 37

Senate vote • 2/13/2025

Do Pass

Yes: 37 • No: 13

Senate vote • 2/12/2025