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Bill would codify remedies and remand standards for MEPA cases, remove injunction requirement
Summary
House Bill 270 clarifies how courts may remedy noncompliance with the Montana Environmental Policy Act by codifying standards for vacatur and remand and removing a 2023 requirement that plaintiffs seek a preliminary injunction at the outset of litigation; DEQ, labor groups and environmental organizations backed the bill in committee.
House Bill 270 would amend remedy provisions for the Montana Environmental Policy Act (MEPA) to (1) clarify the findings a court must make before vacating a permit for MEPA noncompliance, (2) confirm that remand to the agency is an acceptable remedy, and (3) remove a 2023 statute that required a party seeking eventual vacatur to first seek a preliminary injunction at the outset of litigation.
Sponsor Rep. Katie…
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