Jury Trial to Test Montana Plastics Ban Law
Cottonwood Environmental Law Center challenges House Bill 407, which blocks Bozeman's voter-approved single-use plastics restrictions.
Updated on Nov. 14, 2026 in Law
Live Poll
Should your city be allowed to ban single-use plastics like bags and straws?
A jury trial is scheduled for December 14-15 in Lewis and Clark County District Court to hear a constitutional challenge to Montana House Bill 407. The law, passed in 2021, prohibits cities and towns from adopting or enforcing local single-use plastics regulations, and has kept Bozeman's voter-approved restrictions from taking effect.
Why it matters
The case pits a statewide preemption law against a local initiative approved by Bozeman voters in 2024, and it will test whether the state constitution's clean and healthful environment guarantee constrains legislative choices. The Montana Supreme Court has indicated Bozeman's initiative can take effect if the challenge succeeds on its constitutional claim.
House Bill 407, passed in 2021, bars local single-use plastics rules and covers plastic bags, straws and foam containers. Bozeman voters approved restrictions in 2024, but the trial outcome on Cottonwood's constitutional challenge remains unresolved.
The players
Cottonwood Environmental Law Center
A Montana-based public interest law firm that litigates environmental cases in the state, and is challenging HB 407 on constitutional grounds.
John Meyer
The executive director and attorney of the Cottonwood Environmental Law Center, who says the group hopes the case will clear the way for Bozeman's plastic restrictions.
The details
The Cottonwood Environmental Law Center argues that lawmakers knew of the environmental impacts of single-use plastics when they passed HB 407 but have not since enacted statewide regulations. Cottonwood contends the law violates Montanans' constitutional right to a clean and healthful environment, and microplastics have been found at sampling sites along the Gallatin River.
Timeline
2021: Montana lawmakers passed House Bill 407 restricting local plastic regulations.
2024: Bozeman voters approved the single-use plastics restriction initiative.
December 14-15, 2026: Jury trial scheduled in Lewis and Clark County District Court.
Political Context
Cottonwood argues that HB 407 conflicts with Montana's constitutional right to a clean and healthful environment, while the state law's preemption of local plastics rules stands as the legislature's chosen framework. The opposing position, reflected in the statute itself, is that statewide authority should govern these regulations rather than individual cities.
If Cottonwood prevails, Bozeman residents could see restrictions on plastic bags, straws and foam containers take effect under the 2024 voter initiative. If the state law stands, local governments in Montana will remain barred from adopting similar single-use plastics rules.
The takeaway
The case shows how a state preemption law and a constitutional environmental guarantee can collide, and the December trial will test whether courts treat that guarantee as a limit on legislative power. Montanans following local plastics rules should watch the outcome closely.
What happens next
The jury trial in Lewis and Clark County District Court is scheduled for December 14-15, 2026, and its outcome will determine whether Bozeman's plastics initiative can take effect.
Further reading
For more on how state statutes shape local rules, see Law coverage across Montana.
Source note: This article includes information reported by KBZK News.
Live Poll
Should your city be allowed to ban single-use plastics like bags and straws?
