American Prairie Challenges BLM’s Proposed Revocation of Bison Grazing Permits

American Prairie today challenged a U.S. Bureau of Land Management (BLM) proposal that, if approved, will revoke grazing permits used to sustain the group’s bison herd in north-central Montana. The federal agency’s January proposal reversed its own 2022 grazing authorization and triggered a 15-day protest period. Earthjustice and Helena-based Cochenour Law submitted the protest on American Prairie’s behalf, arguing that the agency’s decision reverses decades of longstanding practice from BLM on grazing and conflicts with Montana state law.

Protests were also filed by the Coalition of Large Tribes (COLT) which represents more than 50 tribes with the largest land bases and more than half the Native American population, as well as the Cheyenne River Sioux Tribe, the Cheyenne and Arapahoe Tribes, the Tanka Fund, Wild Idea Buffalo Company, Defenders of Wildlife, and Western Watersheds Project.  The Tribes warn this would effectively bar Tribal bison herds nationwide, undermining treaty rights, food sovereignty, and cultural survival.

“This proposal is an unprecedented reversal of BLM’s own decision-making after more than 40 years of treating bison as eligible livestock under federal grazing law,” said Alison Fox, CEO of American Prairie. “BLM lawfully approved these permits after a thorough environmental review and defended them for years. Abruptly rescinding them now—under political pressure—creates immense uncertainty and sends a chilling signal to Tribes, ranchers, and conservation partners who depend on fair and predictable public land management.”

In 2022, the BLM approved American Prairie’s plan to allow bison grazing on 63,000 acres of public lands in north-central Montana. The state of Montana, North and South Phillips Grazing Districts, and the Montana Stockgrowers Association appealed the decision, which Earthjustice and Cochenour Law have defended in administrative proceedings on behalf of American Prairie. The BLM vigorously defended its decision to issue permits for American Prairie’s bison from summer 2022 until February 2025, when under the new administration it sought a voluntary remand to reconsider the decision. After nearly a year and following a letter from Governor Gianforte to the Secretary of the Interior, on January 16, 2026, BLM issued a Notice of Proposed Decision that the agency had reversed its prior position and proposed a rescission of the permits.

BLM’s newfound preference for excluding bison from livestock grazing permits has far-reaching implications beyond American Prairie and the permits at issue. For over 40 years, the BLM has issued general 10-year livestock grazing permits for bison. Reversing position on BLM’s longstanding interpretation of grazing statutes could undermine 41 current grazing permits for bison ranchers across six western states.

“This BLM decision puts at risk not just American Prairie’s bison grazing, but the management of bison herds across the country, including tribal herds,” said Jenny Harbine, managing attorney for Earthjustice’s Northern Rockies Office. “This shortsighted political decision would reverse decades of precedent and harm public land management moving forward. The agency must withdraw its proposal and restore the grazing permits.”

Tribes in multiple states have voiced strong opposition to the BLM’s proposed decision, citing unintended and negative consequences for tribal buffalo herds. According to COLT’s letter of protest, as the Proposed Decision is currently written, it is unlikely that any tribal government or tribal citizen buffalo herd would ever be eligible for BLM grazing leases. Tribes also voiced support for American Prairie, citing similarities in management practices and the fact that bison from American Prairie’s herds have helped the tribes start and grow their own commercial and cultural herds, including those supporting food sovereignty.