You don’t get to pick your judge | Brandon Ler
In response to the Held v. Montana decision, the Legislature took action this past session to reform the Montana Environmental Policy Act. I was proud to sponsor one of those reforms because MEPA directly impacts how we develop our natural resources, produce energy, and build the infrastructure our state depends on. These changes restored balance and brought clarity and predictability back to a process that had increasingly been used to delay projects and stall progress.
Those reforms are now being challenged in court by the same activists behind Held. That is their right. But what they did next matters.
They filed their case in a courtroom where they believed they would receive a favorable outcome. The Legislature anticipated that kind of forum shopping and passed Senate Bill 97 to ensure cases with statewide consequences are handled fairly, not strategically.
I followed that law and moved the case so it can be heard impartially. Now, those same groups will have to come to eastern Montana and make their arguments on equal footing.
Rather than defend their claims on the merits, they are now challenging the venue law itself. The reason is simple. They no longer get to choose the courtroom.
This is not about denying anyone their day in court. It is about ensuring that no single courtroom dictates policy for the entire state.
Thirty-six legislators recently joined in an amicus brief supporting this position and defending the integrity of Senate Bill 97. That support reinforces a principle Montanans understand: fairness in the process matters.
Montanans expect laws to be applied evenly, no matter who brings the case or where it is filed.
These MEPA reforms were about getting Montana back to work, supporting good-paying jobs, and responsibly developing the resources we are blessed with. I will continue to stand up for those priorities and use every tool available to defend the laws we passed.

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