MT HB715

Mandatory preliminary injunctions requiring a party to take action now require applicants to meet a stricter four-part test: law and facts clearly favor applicant, extreme or serious damage will result without injunction, balance of equities favors applicant, and order serves public interest—with each criterion examined independently without sliding scale tests.

Prohibitory preliminary injunctions (ordering a party to refrain from acting) retain the standard federal test: likelihood of success on merits, likelihood of irreparable harm, balance of equities tips in applicant's favor, and order serves public interest.

Interpersonal injunction orders between private parties may be granted to restrain fraudulent property disposal during pending litigation or in connection with domestic relations orders and protection orders under Title 40.

Amends Section 75-1-201 (Montana Environmental Policy Act) to reference the new mandatory injunction standards when courts consider equitable relief related to environmental permits and licenses.

Applies to causes of action initiated on or after October 1, 2025.