POLISCOPE
Back to bills

The civic record

Read. Follow. Verify.
Did Not Advance

Montana Restricts Environmental Lawsuits and Imposes $240 Court Fee for Challenges

Original title: Generally revise laws relating to challenges brought under MEPA

Last action · May 23, 2025: (S) Died in ProcessSponsor: Daniel Zolnikov

Introduced
Committee
Floor Vote
Passed
Law

Track this bill to get notified when it advances a stage. One tap to stop, anytime.

Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Proposed

Senate Bill 340 establishes a $240 additional court filing fee for legal challenges against state agency decisions under the Montana Environmental Protection Act (), restricts court reviews strictly to the administrative record, and prohibits courts from awarding attorney fees or costs to prevailing parties.

Why it matters

Plaintiffs challenging state environmental permits face higher upfront court costs, stricter evidentiary hurdles, and timelines requiring agencies to complete corrective actions within 90 days of a court .

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Plaintiffs challenging state environmental reviews

Plaintiffs must pay an additional $240 filing fee, cover agency record compilation costs, face strict evidentiary limits, and cannot recover attorney fees.

Directly affected

Project sponsors

Project sponsors may intervene in lawsuits as a matter of right and benefit from expedited agency action timelines and restricted grounds for legal challenges.

Directly affected

State agencies

Agencies must compile certified records at the challenger's expense and complete corrective actions within 90 days following a court remand.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

How much is the new filing fee for challenging a state environmental review in court?
The bill establishes an additional fee of $240 for filing a civil action challenging an agency action under Title 75, chapter 1, parts 1 and 2.
Can plaintiffs recover their attorney fees if they successfully challenge an agency's environmental review?
No, except as expressly authorized by federal law, fees or costs may not be awarded to the prevailing party in an action alleging noncompliance with requirements.
What is the deadline to file a challenge against a final agency action under MEPA?
Any action or proceeding challenging a final agency action alleging failure to comply with requirements must be brought within 60 days of the action.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died in committee.

Procedural history

22 actions
  1. May 23, 2025Senate
    (S) Died in Process
  2. Apr 7, 2025Senate
    (S) Missed Deadline for Revenue Bill Transmittal
  3. Feb 27, 2025Senate
    (S) Fiscal Note Printed
  4. Feb 26, 2025Senate
    (S) Fiscal Note Signed
  5. Feb 25, 2025Senate
    (S) Fiscal Note Received
  6. Feb 25, 2025SenateCommittee
    (S) Tabled in Committee
Show 16 earlier actions
  1. Feb 22, 2025Senate
    (S) Hearing Canceled
  2. Feb 21, 2025Senate
    (S) Hearing
  3. Feb 17, 2025Senate
    (S) 1st Reading
  4. Feb 17, 2025Senate
    (S) Fiscal Note Requested
  5. Feb 17, 2025SenateCommittee
    (S) Referred to Committee
  6. Feb 17, 2025SenateIntroduced
    (S) Introduced
  7. Feb 17, 2025House
    (LC) Draft Delivered to Requester
  8. Feb 17, 2025House
    (LC) Draft Ready for Delivery
  9. Feb 13, 2025House
    (LC) Draft in Assembly
  10. Feb 13, 2025House
    (LC) Draft in Final Drafter Review
  11. Feb 13, 2025House
    (LC) Draft in Input/Proofing
  12. Feb 8, 2025House
    (LC) Draft in Edit
  13. Feb 7, 2025House
    (LC) Draft in Legal Review
  14. Jan 6, 2025House
    (LC) Draft Taken Off Hold
  15. Dec 13, 2024House
    (LC) Draft On Hold
  16. Dec 13, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Strict Limitation on Environmental Challenge Remedies

The bill systematically restricts judicial review of MEPA challenges by capping evidence to the administrative record, banning attorney fee awards, and imposing a specialized $240 filing fee dedicated to the environmental rehabilitation and response account.

Connected Entities

Daniel Zolnikov, Department of Environmental Quality
PersonDaniel Zolnikov“Primary sponsor of Senate Bill 340 in the Montana Senate.”Map →
OrganizationDepartment of Environmental Quality“State agency receiving funds from the environmental rehabilitation and response ”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz45
    Current news / social attention level

Publisher tools

Share or embed this record

POLISCOPE publisher tools

Share or embed this record