HELENA — A Montana judge has temporarily blocked a new state policy that would limit bison grazing on state trust lands, allowing new permit applications to move forward while a legal challenge continues in court.
Earlier this year, Montana’s State Land Board adopted a policy placing a pause on requests to graze bison on state trust lands. The board is made up of the governor, secretary of state, attorney general, state auditor and superintendent of public instruction.
The decision quickly drew opposition from American Prairie, a nonprofit conservation organization that supports bison restoration efforts across Montana. The group filed a lawsuit in state district court, arguing the board effectively created a new rule without following Montana’s required rulemaking process.
Last week, Helena District Court Judge Chris Abbott issued a preliminary injunction against the board’s action. The ruling temporarily blocks enforcement of the policy and allows state officials to continue considering new bison grazing permit requests while the case moves through the court system.
Attorneys representing American Prairie argued the Land Board’s action amounted to a policy change that should have gone through a formal public rulemaking process before taking effect.
State attorneys disagreed, arguing the board acted appropriately because there was no existing rule specifically addressing how bison grazing requests should be handled on trust lands.
The case centers only on grazing permits involving Montana state trust lands. A separate dispute involving federal Bureau of Land Management grazing permits is also ongoing after the federal government revoked permits tied to bison grazing earlier this year.
