GREAT FALLS — Montana is asking a federal appeals court to lift a temporary order that allows American Prairie’s bison to keep grazing on three federal allotments in Phillips County while its lawsuit moves forward.
WATCH Madison Collier’s report below:
The state filed its opening brief with the Ninth U.S. Circuit Court of Appeals on Monday. Montana wants the court to lift the order on all three allotments. If the court leaves it in place at Box Elder and Telegraph Creek, the state is asking it to lift the order at Whiterock Coulee.
Montana says federal and state trust lands at Whiterock Coulee share fencing, allowing bison to reach state land where Montana has not authorized them to graze.
The dispute stems from a May decision by the Bureau of Land Management to cancel American Prairie’s bison grazing authorizations and reissue the permits for cattle only. American Prairie sued, and in September, U.S. District Judge Brian Morris temporarily blocked the decision on the three allotments where the bison were already grazing.
“The district court fundamentally misunderstood what Congress authorized in the Taylor Grazing Act,” Gov. Greg Gianforte said in a written statement announcing the filing.
Montana argues federal grazing permits are limited to domestic livestock raised for production. The state also disputes the evidence that removing the bison would cause financial losses or harm the herd’s genetic diversity.
In district court filings, American Prairie argued that its bison qualify as domestic livestock and that federal law does not require them to be raised for production.
MTN reached out to American Prairie for comment on the appeal and did not receive a response by airtime.
