March 21st, 2024
Cottonwood achieved a significant victory in our case against HB407, a bill enacted in 2021 by the State Legislature, which prohibited both citizens and local governments from regulating single-use plastics.
The court's ruling deemed HB407 unconstitutional, as it infringed upon Montanans' rights to enact local initiatives. Article 11, Section 8 of the Montana Constitution explicitly reserves the initiative and referendum powers to the people of each local government unit. This decision reaffirms our constitutional right to enact local initiatives.
Single-use plastics pose a well-documented threat to the environment and public health, making regulation imperative to protect Montana's forests, waters, wildlife, and citizens. By overturning HB407, Cottonwood has taken a significant stride in safeguarding our environment, public health, and constitutional rights.
Cottonwood represented nine plaintiffs of various ages and locations across the state in this case.
In response to this victory, citizens in Bozeman have submitted a petition to the Gallatin County Elections office. They aim to gather signatures from 15% of registered voters to place an ordinance addressing single-use plastics on the ballot for the next general election.
While our legal fight continues, we urge the court to grant local governments the authority to regulate plastics, thereby simplifying the process. Granting this authority will enable local communities to address environmental concerns promptly and effectively.
This victory underscores the importance of grassroots efforts in defending constitutional rights and promoting environmental stewardship. We remain committed to advocating for policies that prioritize environmental protection and public health for the benefit of all Montanans.
Cottonwood Environmental Law Center is dependent on donations from public. If you would like to help support us please consider donating or becoming a member.
KTVQ News Story Featuring Plaintiff Katie Harrison:
Filed Complaint (Cottonwood vs. State)