BOZEMAN, Mont. — A jury trial is scheduled next month for a lawsuit challenging a Montana law that has prevented Bozeman's voter-approved restrictions on single-use plastics from taking effect.
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In 2021, Montana lawmakers passed House Bill 407, prohibiting cities and towns from adopting or enforcing local regulations on single-use plastics, including plastic bags, straws and foam containers.
In 2024, Bozeman voters approved an initiative to regulate single-use plastics. However, the measure was blocked under HB 407 and has not taken effect.
Now, the Cottonwood Environmental Law Center is challenging the state law, arguing it violates Montanans' constitutional right to a clean and healthful environment.
The organization's executive director and attorney, John Meyer, says the group is confident heading into trial and hopes the case will clear the way for Bozeman's plastic restrictions.
"We are looking forward to body-slamming this challenge law to send a very clear message to the governor and the Montana Legislature," Meyer said.
Cottonwood argues lawmakers knew about the environmental impacts of single-use plastics when they passed HB 407 but have not since enacted statewide regulations addressing the issue.
The organization points to legislative testimony about plastic pollution in waterways, harm to wildlife and microplastics found at sampling sites along the Gallatin River.
The Montana Supreme Court has previously ruled that Bozeman's voter-approved initiative can take effect if Cottonwood prevails on its constitutional claim.
A jury trial is scheduled for Dec. 14-15 in Lewis and Clark County District Court in Helena.
