House Bill No. introduced by B. Mercer aims to revise injunction laws in Montana by establishing a standard for mandatory preliminary injunction orders that aligns with federal standards. The bill introduces a new section outlining the criteria for granting a mandatory preliminary injunction, requiring the applicant to demonstrate that the law and facts favor their position, that serious damage will occur without the injunction, that the balance of equities is in their favor, and that the order serves the public interest. It also reorganizes existing statutory language for clarity and amends sections 27-19-201 and 75-1-201 of the Montana Code Annotated (MCA) to improve readability and ensure alignment with federal standards, particularly regarding environmental impact statements and greenhouse gas emissions evaluations.

Additionally, the bill introduces new requirements for parties seeking an injunction or temporary restraining order, mandating that objections to the amount of the written undertaking must be accompanied by an affidavit detailing income, assets, and liabilities, which must be served on the opposing party. For challenges related to leases, permits, or licenses, an injunction can only be granted if the challenger demonstrates a likelihood of success on the merits and proves a violation of established law, unless they can show an inability to pay. The bill also specifies that attorney fees or costs cannot be awarded to the prevailing party in these actions and includes provisions for judicial review applicable to environmental reviews conducted by state agencies under the National Environmental Policy Act. The new requirements will apply to causes of action initiated on or after October 1, 2025.

Statutes affected:
LC Text: 27-19-201, 75-1-201
HB0715_1(1): 27-19-201, 75-1-201
HB0715_1(2): 27-19-201, 75-1-201
HB0715_1(3): 27-19-201, 75-1-201
HB0715_1(4): 27-19-201, 75-1-201
HB0715_1(5): 27-19-201, 75-1-201
HB0715_1(6): 27-19-201, 75-1-201
HB0715_1(7): 27-19-201, 75-1-201
HB0715_1(8): 27-19-201, 75-1-201
HB0715_1: 27-19-201, 75-1-201
HB0715_2(1): 27-19-201, 75-1-201
HB0715_2(2): 27-19-201, 75-1-201
HB0715_2(3): 27-19-201, 75-1-201
HB0715_2(4): 27-19-201, 75-1-201
HB0715_2(5): 27-19-201, 75-1-201
HB0715_2(6): 27-19-201, 75-1-201
HB0715_2(7): 27-19-201, 75-1-201
HB0715_2: 27-19-201, 75-1-201