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Senate Judiciary hears HB 791 to narrow public-nuisance claims, industry and insurers back changes
Summary
Representative Anthony Nicastro told the Senate Judiciary Committee HB 791 would restore traditional public‑nuisance law and bar abusive claims against lawful industries; business groups and insurers supported the bill while trial‑lawyers and some private attorneys warned it could limit remedies for communities harmed by toxins.
Representative Anthony Nicastro opened the Senate Judiciary hearing on House Bill 7 91 on behalf of House District 50, saying the bill returns Montana nuisance law to its common‑law roots and limits novel uses of public‑nuisance theory. Nicastro told the committee HB 791 would clarify public and private nuisance definitions, preserve long‑standing exclusions such as for shooting ranges and agricultural activities, and limit remedies for government plaintiffs largely to injunctive relief and abatement rather than broad damages.
The bill drew support from industry and trade groups. Charles Robinson of the Montana Chamber of Commerce said nuisance law has been “twisted by…
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