Montana Code Annotated 2023

TITLE 82. MINERALS, OIL, AND GAS

CHAPTER 1. GENERAL PROVISIONS

Part 4. Constitutional Challenges

Determination Of Constitutionality

82-1-401. 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.