Bill > HB229

This bill revises the Montana Environmental Policy Act (MEPA) to implement the Montana Supreme Court's decision in Held v. State of Montana by making several key changes. Most significantly, the bill eliminates the previous prohibition on evaluating greenhouse gas emissions in environmental reviews, which now allows state agencies to consider climate impacts in their environmental assessments. The bill modifies procedural requirements for environmental reviews, including establishing stricter standards for challenging agency decisions, limiting the types of evidence that can be introduced in legal challenges, and setting specific time limits for environmental review processes. It also clarifies that environmental reviews are primarily intended to inform the legislature and public about potential environmental impacts, and not to provide additional regulatory authority to state agencies. The bill establishes that agencies cannot withhold permits based on environmental review findings, but allows project sponsors and agencies to mutually develop mitigation measures. Additionally, it sets requirements for judicial review of environmental reviews, including a 60-day time limit for filing challenges, a high burden of proof for challengers, and restrictions on what evidence can be considered in court. These changes aim to streamline environmental review processes while providing more clarity about how such reviews should be conducted.

Agriculture and Natural Resources

https://bills.legmt.gov/#/laws/bill/2/LC3841