HELENA — Last year, the Montana Supreme Court upheld what advocates called a landmark decision in the Held v. Montana climate change lawsuit, blocking a law that prohibited the state from considering greenhouse gas emissions in environmental reviews. During this legislative session, one big topic of discussion has been proposals to revise environmental laws in response to that decision.
(Watch the video to see the debate on bills to revise environmental review)
On Wednesday, the House gave initial approval to three bills and the Senate endorsed one. While the Held decision wasn’t the main topic of discussion during the House floor debate, Republican leaders made clear that this package of legislation was a reaction to it.
“We’re not going to sit back and let Montana be steamrolled by extremist agendas, hiding behind environmental buzzwords,” said Sen. Wylie Galt, R-Martinsdale.
There was unanimous agreement on one of the bills: House Bill 270, sponsored by House Speaker Pro Tem Rep. Katie Zolnikov, R-Billings. It updates the Montana Environmental Policy Act, or MEPA, to remove language the court invalidated in Held, as well as changing the process if someone failed to comply with MEPA.
However, there was much more debate on the other three. House Bill 285, sponsored by House Speaker Rep. Brandon Ler, R-Savage, would make more extensive changes to MEPA. Ler said the goal was to clarify that the act is meant to be “procedural,” and that MEPA reviews weren’t intended to be used to stop or delay projects.
“This bill streamlines the MEPA process, eliminates unnecessary red tape and reaffirms its true purpose: providing clear, accurate and balanced information about environmental impacts, not creating endless hurdles for responsible development,” he said during the floor debate.
The House endorsed HB 285 on a 58-42 party-line vote. Ler said the bill wouldn’t weaken environmental protections, but rather create more certainty for businesses and workers. Democrats argued it would undermine MEPA’s purpose.
“Going through MEPA is explicitly about conflict resolution,” said Rep. Marilyn Marler, D-Missoula. “They're difficult topics, but unfortunately House Bill 285 tries to take out the conflict by taking out half of the conversation. It does weaken the environmental protections.”
Galt sponsored Senate Bill 211, which got a 37-13 initial vote in the Senate Wednesday, with all Republicans and five Democrats voting yes. The bill would lay out rules for when and how a review of greenhouse gas emissions is conducted. Galt said those reviews would be purely informational and could not be used to deny permits for fossil fuel development.
The House also endorsed House Bill 291, from Rep. Greg Oblander, R-Billings, 60-40, with two Democrats joining all 58 Republicans. It would limit agencies’ authority to enact stricter air quality standards at the state or local level than what’s enforced at the federal level. Oblander said, if there is a need for tighter standards, it should be the Legislature that determines it.
After Wednesday’s votes, the House Democrats released a statement in response to HB 285’s passage.
“Montanans expect us to defend their Constitutional right to breathe clean air and drink clean water, and that’s exactly what House Democrats did today,” said Rep. Jonathan Karlen, D-Missoula, in the statement. “We supported a common-sense bill that upholds that right while providing clarity for businesses and workers under MEPA. But some Republican politicians are determined to erode what makes Montana the last best place. We will continue to fight those efforts every step of the way.”
Each of the four bills will need to pass a final vote before moving over to the other chamber.
