Why Montana communities can’t act
What preemption means
Preemption lets a higher level of government limit or eliminate a lower level’s power to pass its own laws. HB 407 is a preemption law: it blocks Montana cities, towns and citizen initiatives from regulating single-use plastics.
Where HB 407 came from
HB 407 is based on a template from the American Legislative Exchange Council (ALEC), which has close ties to the plastics, chemical and fossil fuel industries. Twenty states, including Montana, now have some form of preemption of local limits on single-use containers.
No statewide alternative
Preemption laws rarely replace local rules with a statewide policy. Montana is no exception: there are no statewide limits on single-use plastics, and local limits are prohibited. In 2025, a statewide ban on polystyrene foam takeout containers passed the Montana Legislature with bipartisan support. Governor Gianforte vetoed it.
The same pattern worldwide
Industry influence has also slowed the Global Plastics Treaty. At the August 2025 treaty talks, fossil fuel and chemical industry lobbyists outnumbered the Scientists’ Coalition for an Effective Plastic Treaty nearly four to one (Center for International Environmental Law).