Montana Code Annotated 2021

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 1. ENVIRONMENTAL POLICY AND PROTECTION GENERALLY

Part 1. General Provisions

Determination Of Constitutionality

75-1-107. Determination of constitutionality. In any action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.

History: En. Sec. 2, Ch. 361, L. 2003.