Montana House Bill HB717

Montana 2023 Regular Session

• Introduced: 2/21/23
• Refer: 2/21/23

Caption

Limit lawsuits on environmental actions

Impact

The bill's implications on state laws are significant as it overrides existing regulations that allowed broader challenges to environmental permits. By repealing Section 82-4-349 from the Montana Code Annotated, HB717 seeks to streamline the process through which environmental licenses are contested. The legislation is positioned as a means to expedite permit processes and alleviate potential delays that could accompany lengthy legal disputes, particularly for substantial projects exceeding $1 million in costs.

Summary

House Bill 717 aims to revise laws pertaining to lawsuits around environmental actions by establishing strict limitations on legal challenges related to licenses and permits issued for mining, oil, or gas activities. The bill introduces a 90-day time frame for parties to file any legal challenges regarding department decisions on such permits or licenses. Additionally, it mandates that these challenges must occur in the county where the activity is proposed, delineating clear geographical jurisdiction for such legal actions.

Contention

Despite its intent to enhance operational efficiency for the mining and energy sectors, HB717 has garnered concern from environmental advocacy groups and certain legislative members who argue that it may obstruct meaningful oversight and public participation in environmental decision-making. Critics contend that limiting the timeframe and the grounds for legal challenges threatens to diminish accountability for companies engaged in activities that could impact environmental quality and local communities. This tension between economic interests and environmental protection underscores ongoing debates regarding responsible resource management in Montana.