A Helena district court judge has temporarily halted a Montana State Land Board policy that suspended new bison grazing permit requests on state trust lands, handing a procedural win to a conservation nonprofit pushing for bison restoration across the state.
The Ruling
Judge Chris Abbott of the Helena District Court issued a preliminary injunction blocking enforcement of the Land Board’s policy while litigation proceeds. The injunction means state officials must continue processing new bison grazing permit applications on trust lands during the course of the case.
American Prairie, a nonprofit organization focused on bison restoration in Montana, brought the lawsuit in state district court. The group argued the Land Board effectively created a new rule — freezing bison grazing requests — without going through the formal rulemaking procedures required under Montana law.
The Land Board’s Position
The State Land Board, which is composed of five statewide elected officials — the governor, secretary of state, attorney general, state auditor, and superintendent of public instruction — adopted the policy earlier this year. State attorneys defended the move by arguing no existing rule specifically addressed how bison grazing requests on trust lands should be handled, giving the board latitude to act as it did.
The preliminary injunction does not resolve the underlying legal dispute. It is a temporary measure designed to preserve the status quo while the court weighs the merits of American Prairie’s challenge.
Broader Context
The trust lands case is one of two legal and regulatory fronts where bison grazing in Montana is being contested. Separately, the federal Bureau of Land Management earlier this year revoked grazing permits connected to bison operations — a distinct dispute that this state court ruling does not affect.
American Prairie has been a recurring flashpoint in Montana’s rangeland politics. Ranchers and rural communities have long pushed back against the organization’s large-scale land acquisitions and its goal of allowing bison to roam freely across the Northern Great Plains, arguing the animals compete with livestock and can disrupt traditional agricultural operations. State officials in Helena have generally been skeptical of expanding bison grazing access on public trust lands, which are managed to generate revenue for Montana’s public schools.
The Fort Peck Tribe, whose reservation sits within the region where American Prairie operates, has its own distinct relationship with bison restoration efforts, though tribal lands are not directly at issue in this case.
What’s Next
With the preliminary injunction in place, state officials are required to consider bison grazing applications as litigation continues. The core legal question — whether the Land Board bypassed required rulemaking procedures — will be decided as the case moves forward in Helena District Court. The outcome could set a significant precedent for how the board exercises authority over trust land management policies going forward.
