A Helena district court judge temporarily halted a state directive that prevented Montana’s natural resources agency from approving new bison grazing permits on public trust lands, delivering a significant legal win to American Prairie, a conservation nonprofit managing more than half a million acres across the state.
Lewis and Clark District Court Judge Christopher Abbott issued the preliminary injunction on June 26, blocking enforcement of a Montana Land Board moratorium on “any new or pending” bison grazing requests. The Land Board had passed the directive unanimously in mid-February, tasking the Department of Natural Resources and Conservation with developing formal rulemaking to address bison in state grazing rules.
The Legal Challenge
American Prairie argued that the Land Board’s action circumvented the administrative process required for substantive rulemaking. The organization contended that the state failed to provide public notice or opportunity for comment before implementing the moratorium, violating Montana’s Administrative Procedure Act.
Matt Cochenour, representing American Prairie, said the court’s decision “removed the clearly unlawful roadblock that the Land Board implemented without public notice or a meaningful opportunity for public participation.”
The Land Board’s decision came roughly two weeks after American Prairie notified the DNRC on February 2 that it would graze bison or cattle on one of its leased parcels. The timing raised questions about whether the directive was a reaction to American Prairie’s specific plan.
The Underlying Dispute
American Prairie has operated bison herds on state leases since 2009. In 2019, the organization filed applications to graze bison on additional state parcels it already held leases for. Montana regulations currently define covered grazing animals as cows, horses, sheep, and goats under an “animal unit month” standard, excluding bison.
The conservation group operates approximately 900 to 940 bison and transferred 107 of the animals to tribal nations in Montana, South Dakota, and Washington in November 2023. American Prairie points to Montana State University research suggesting that cattle and bison have roughly equivalent environmental impacts on rangeland.
A separate March ruling had previously ordered the DNRC to begin an environmental review process. That decision is currently on appeal before the Montana Supreme Court.
Federal Complications
The preliminary injunction comes as American Prairie faces pressure on another front. The U.S. Bureau of Land Management revoked seven of the organization’s federal bison-grazing leases earlier in 2026. American Prairie must remove its herds from that federal land by September.
A 2022 BLM assessment had found no significant impact from American Prairie’s bison grazing on federal lands, but the revocation stands.
State Response
James Brown, the Commissioner of Securities and Insurance who made the Land Board motion, questioned the court’s reasoning in a brief comment. “It’s curious to me how a judge can determine that a directive to the DNRC to do rulemaking is in itself rulemaking,” Brown said, suggesting the distinction was unclear either as a practical or legal matter.
The preliminary injunction does not resolve the underlying dispute over whether bison should qualify as eligible grazing animals on state trust lands. Abbott’s ruling simply prevents the state from enforcing the moratorium while the legal challenge proceeds. The Land Board’s rulemaking directive remains in place, and formal administrative proceedings are expected to continue.
American Prairie’s victory in court clears a path for the DNRC to consider pending grazing applications, but the organization’s long-term access to state lands will depend on how the formal rulemaking process unfolds and whether the Montana Supreme Court upholds the March environmental review ruling.
