🚫Overturning Montana’s “Ban on Bans”⚖️
Two years ago, Montana passed a law (House Bill 407) making it illegal for citizens or municipalities to pass initiatives to regulate single-use plastics. Last month Beyond Plastics volunteers who joined forces with the Cottonwood Environmental Law Center to try to right this wrong succeeded in overturning the first portion of Montana’s “ban on bans”!
Youpa Stein organizes against HB 407 in Bozeman, MT in July 2022
Grassroots activists in the state were not having any of HB 407’s nonsense. In the summer of 2022, Beyond Plastics Gallatin Valley teamed up with affiliate group, Families for a Livable Climate, for a lecture and frank discussion in Bozeman. Youpa Stein, who is a co-chair of Families for a Livable Climate and a member of the Beyond Plastics Volunteer Speakers’ Bureau, helped to lead and educate the group.
“Tying the hands of our local leaders and community members has dire consequences for Montana’s residents and its wild ecosystems, noted Stein. “Microplastics, which leach toxic chemicals that have been linked to human health problems, have been found in the snow at Big Sky, water in the Gallatin River, fishing access sites across the nation, and Flathead Lake.”
Grassroots advocates in Bozeman, MT in July 2022
The event attracted the attention of the Cottonwood Environmental Law Center, which set to work on a lawsuit challenging HB 407 as unconstitutional. Nine Montana residents served as plaintiffs in the case, including Stein and her co-chair, Liz Ametsbichler, and Tomas Waldorf of Gallatin Valley Beyond Plastics.
As part of the strategy, activists in Missoula and Bozeman set to work passing local resolutions asking the legislature to overturn HB 407. They also joined forces with state representative Ed Staffman (D-Bozeman) to introduce a bill reversing the law. Though Staffman’s bill failed to pass, the resolutions in Bozeman and Missoula received strong support. A well-attended event in July of 2023 brought together more lawmakers and environmental groups, widening the coalition.
Cottonwood filed its suit in late November. “As soon as HB 407 is ruled unconstitutional, we can finally get to work on locally addressing the single use plastics issue in Montana,” said Isaac Cheek, Grassroots Conservation Coordinator for Cottonwood Environmental Law Center.
On March 19, 2024, both came true. A Helena district court ruled that the ban on citizen initiatives is unconstitutional and overturned it. Within two days, Cottonwood joined with residents to submit a ballot initiative for a Plastics Ordinance banning polystyrene foodware and single use plastic bags in Bozeman. Coalition members in Missoula began the process there, as well. Cottonwood also mobilized on March 24 to file the second half of the case, which will allow local governments, not just citizens, to regulate single-use plastics.
(Left to right): Plaintiff Youpa Stein, Cottonwood Attorney Mike Lily, Cottonwood Grassroots Organizer Isaac Cheek, Plaintiff Liz Ametsbichler, and Beyond Plastics Health Policy Director Megan Wolff give a public presentation on the campaign to overturn HB 407. Missoula, MT, July 2023
It will be a summer of gathering signatures in Montana. With some clipboards and pens and a lot more organizing, both cities will have single-use plastic bans on the ballot in November. Hopefully, by then the court will also have overturned the second half of HB 407.
Well done, Montana activists!