The case
What HB 407 does
HB 407, passed in 2021, bars local governments and citizen initiatives from regulating single-use plastics such as carryout bags and polystyrene cups. Montana has no statewide rules of its own, so communities are left with no way to act.
What we’re asking the court
In 2023, Cottonwood Environmental Law Center and eight Montana citizens filed a lawsuit against the State of Montana. The lawsuit argues that HB 407 violates two rights in the Montana Constitution: the right to citizen initiatives and the right to a clean and healthful environment.
What has happened so far
May 2024: A district judge ruled in favor of citizens’ initiative rights. Bozeman voters then passed an ordinance on single-use plastics with 63% of the vote.
Montana Supreme Court: The Court overturned that ruling, noting that statutes are presumed constitutional. It did not decide our claim that HB 407 violates the right to a clean and healthful environment.
October 19, 2026: Judge Michael F. McMahon ruled that whether HB 407 violates our right to a clean and healthful environment is a question for a jury.
What the jury will decide
Starting December 14, 2026, a jury of twelve in Helena will decide whether HB 407 violates Montanans’ constitutional right to a clean and healthful environment.