HB 407, a Montana law passed in 2021, prohibits citizen initiatives and local governments from regulating unnecessary single-use plastics such as carryout bags and polystyrene cups. Proponents claim statewide regulations are necessary to avoid a “patchwork” of local laws. Yet, the legislature has failed to enact any statewide protections against the growing harms of plastic pollution.
Research continues to reveal alarming impacts of plastics and the 16,000 associated chemicals, including 4,200 known to be hazardous to human health. While studies are ongoing, the evidence is clear: unnecessary single-use plastics pose significant and irreversible risks to our health and environment. Action is necessary.
In 2023, Cottonwood Environmental Law Center filed a lawsuit arguing that HB4 07 violates citizens’ constitutional rights to initiatives and to a clean, healthful environment. In May 2024, a district judge ruled in favor of citizens’ initiative rights, enabling Bozeman voters to pass, by 63%, an ordinance regulating unnecessary single-use plastics. However, the Montana Supreme Court recently overturned this decision, making the future of the ordinance uncertain.
On February 6, 2025, a pivotal hearing in Helena will address whether HB 407 infringes on Montanans’ right to a clean and healthful environment. If this right is upheld, it could empower local governments to enact protections against the harms of unnecessary single-use plastics, and pave the way to safeguard the health of citizens and the environment.
Attend the hearing, write to your legislators, and demand action. Our right to a healthy environment and our duty to improve it are at stake.
Youpa Stein
Arlee