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Senator proposes tighter standing rules in Senate Bill 395; trial lawyers and others warn it could bar public‑interest suits

2826411 · March 31, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senate Bill 395 would revise Montana law on standing to require individualized injury and limit claims based on public importance or speculative future harm. Opponents, including the Montana Trial Lawyers Association, said the bill risks removing important checks on government actions and could block suits where harm is likely to recur.

Sen. Daniel Emmerich, R‑Great Falls, told the House Judiciary Committee that Senate Bill 395 would revise Montana legal standards for standing to maintain a lawsuit. Emmerich said the bill would require a claimant to allege an injury or a likelihood of injury caused by the defendant and would prevent maintaining standing solely on the basis of public importance or speculative harms.

“Standing is essentially the reason why the court should hear your case,” Emmerich told members. He said the proposal tracks the state…

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