Frontier Institute Statement in Support of HB 466

Legislation will cut red tape and improve the MEPA process without compromising environmental protections

HELENA – Today, the Frontier Institute offered support for HB 466, a bill that follows Frontier Institute’s recommendations to codify the use of categorical exclusions within the Montana Environmental Policy Act (MEPA).

“This bill will significantly streamline the permit process for vital infrastructure and energy projects that don’t carry significant environmental impacts,” said Tanner Avery, Policy Director at the Frontier Institute. “HB 466 creates a powerful new environmental policy tool to improve the MEPA process without compromising environmental protections and aligns Montana’s practices with features of the National Environmental Policy Act (NEPA).”

A Categorical Exclusion (CatEx) is issued for types of actions that seldom cause significant environmental impacts and therefore do not require a more extensive Environmental Analysis or Environment Impact Statement under the state or federal environmental review process, unless extraordinary circumstances are identified by the reviewing agency.

Unlike Montana, the Federal government has previously advanced numerous CatEx’s for NEPA, both in rulemaking and statute.

Key provisions created by HB 466:

• Codifies a definition for CatEx’s in Montana law.
• Directs state agencies to identify and adopt new CatEx’s.
• Creates a framework for future CatEx’s to be adopted by state lawmakers or executive agencies.
• Adopts CatEx’s previously identified by the federal government under NEPA.

MEPA has been the subject of more than 25 lawsuits since 2010, leading to calls for reform.

Frontier Institute has promoted extensive research documenting how uncertainty surrounding constant environmental litigation has disrupted and delayed vital Montana energy and infrastructure projects, threatened good-paying jobs, and even halted projects that are ultimately good for the environment.

In 2024, the Department of Environmental Quality’s work group identified the lack of a statutory definition for CatExs as a significant barrier to effective MEPA implementation.