Montana has asked the Ninth U.S. Circuit Court of Appeals to lift a temporary order allowing American Prairie’s bison to graze on three federal allotments in Phillips County.
The state filed its opening brief Monday, seeking to end the order across Box Elder, Telegraph Creek and Whiterock Coulee while American Prairie’s lawsuit continues. Montana alternatively asks the court to remove Whiterock Coulee from the order if protections remain in place at the other two allotments.
Dispute Over Grazing Authorizations
The Bureau of Land Management canceled American Prairie’s bison grazing authorizations in May and reissued the permits for cattle only. American Prairie challenged that decision in court.
U.S. District Judge Brian Morris temporarily blocked the federal decision in September. The order applies to the three allotments where American Prairie’s bison were already grazing.
Montana argues that federal grazing permits under the Taylor Grazing Act are restricted to domestic livestock raised for production. Gov. Greg Gianforte said the district court “fundamentally misunderstood what Congress authorized in the Taylor Grazing Act.”
At Whiterock Coulee, federal and state trust lands share fencing. Montana says bison could reach state land there without state authorization to graze, which is why it is seeking separate relief for that allotment.
Arguments Before the Appeals Court
Montana also disputes evidence that removing the bison would produce financial losses or damage the herd’s genetic diversity.
American Prairie has argued that its bison meet the definition of domestic livestock and that federal law does not require the animals to be raised for production. The organization had not responded to a request for comment on the appeal by airtime.
The temporary grazing order remains in effect while the lawsuit proceeds and the Ninth Circuit considers Montana’s request.