“To attract large industrial users that boost demand, Montana leaders should be vigilant in curtailing laws and regulations that make our state a less desirable place to invest.”
The following is a copy of the public comment provided to the Energy Task Force for consideration at their November 13, 2025 meeting.
November 13, 2025
RE: Energy Task Force
Dear Director Nowakowski and members of the Energy Task Force,
Thank you for taking the time and effort to begin tackling one of the most important issues facing Montanans: the need for abundant and affordable energy. Below is a menu of options that I encourage the Task Force to explore in order to achieve these goals.
Continue to address MEPA litigation. Lawsuits over procedural laws like MEPA have effectively empowered radical groups with the ability to veto projects they do not like, including responsible critical mineral mining needed for transmission and energy technologies. The task force should look for opportunities to further address this issue.
Continue codifying key aspects of MEPA. A lack of definitional clarity in statute empowers litigious groups to interpret MEPA in ways that expand its scope. Montana should continue its work to codify definitions integral to the state’s permitting process.
Continue to leverage categorical exclusions. In 2025, Montana passed HB 466, which enables the state to adopt categorical exclusions that have already been thoroughly vetted and implemented by the federal government under NEPA. Montana agencies should leverage this tool to streamline the permitting process.
Remove duplicative and excessive reviews under the Major Facility Siting Act and MEPA. MFSA and MEPA often require overlapping information that slows timelines without improving environmental outcomes. The state should identify and eliminate repetitive procedural steps, reduce duplicative document production, or explore a single coordinated review pathway.
Strengthen the right to use property. Energy development is increasingly hindered by third-party intervention at all levels. In Montana, zoning is being increasingly weaponized as a way to prevent others from using their property. Montana should reinforce the right of landowners to use their property for lawful activities, unless there is a compelling government interest, that interest is narrowly tailored, and it is the least restrictive means to achieve that end.
Promote regulatory stability by locking in red tape relief. Governor Gianforte’s Red Tape Relief Initiative has taken extensive steps to cut unnecessary and outdated regulations over the last five years. However, this progress could be undone by a future successor. Montana leaders should explore regulatory tools like the REINS Act, regulatory sunset, or regulatory budgeting as a way to lock in Montana’s red tape relief. This provides the necessary regulatory stability needed for long-term private investment in Montana.
Maintain pro-innovation policies to attract large industrial users. Montana is already an excellent destination for large industrial users like data centers and manufacturing, however, the threat of hostile regulation is always present. To attract large industrial users that boost demand, Montana leaders should be vigilant in curtailing laws and regulations that make our state a less desirable place to invest. This is particularly true for technology companies who are seeing a swath of bad state regulatory proposals across the nation. Montana should look to the Right to Compute, passed by the 2025 legislature, as a framework to balance conflicting interests of government, individuals, and companies.
Encourage bring-your-own-power models. Montana should explore ways to enable private investment to quickly and effectively deploy new energy generation. This could include providing regulatory clarity for private micro-grids.
Clarify geothermal resource ownership. Montana should resolve uncertainty over whether geothermal heat is owned by the surface estate or mineral estate. Ambiguity over ownership steers enhanced geothermal investments into states with greater clarity.
Explore opportunities for Montana to take leadership in nuclear oversight. Movement at the federal level suggests states may have a larger role in overseeing nuclear power in the future. Montana should identify and implement ways in which we can reclaim our state’s sovereignty.
Thank you for your time,
Tanner Avery
Policy Director
Frontier Institute
