Court Decision Prevents Trump Admin from Removing More Than 900 Bison from Federal Land

A Montana District Court today granted a preliminary injunction preventing the U.S. Bureau of Land Management from removing more than 900 bison from federal land in Montana. Earthjustice and Cochenour Law Office requested the injunction on behalf of American Prairie in August, arguing that the agency misinterpreted the Taylor Grazing Act and violated federal law.

In the decision, Judge Brian Morris states, “No statutory language or judicial precedent exists that requires a livestock operation to focus exclusively on production and entirely ignore conservation, range improvement, preservation, or other values.” The Court goes on to say, “Congress recognized livestock grazing and livestock management often includes and considers preservation, improvement, and thoughtful development, hand-in-hand with other uses.”

American Prairie’s bison will now remain on public lands in Montana while the underlying lawsuit proceeds. Without the injunction, American Prairie would have had to cull or relocate hundreds of bison by the end of September.

“This is an important victory in the fight to ensure American Prairie’s bison can continue grazing on Montana’s prairie, as they have for over two decades,” said Jenny Harbine, managing attorney with Earthjustice’s Northern Rockies Office. “The Trump administration’s decision to force more than 900 bison off federal land was illegal and politically motivated. We look forward to presenting our case to ensure bison can remain on public lands across the country.”

For over 20 years, BLM authorized American Prairie to graze its bison on federal lands. The agency abruptly reversed course on American Prairie’s permits after the change in presidential administrations, adopting the livestock industry’s position that it had long rejected. BLM’s new position disqualifies livestock owners who prioritize conservation practices from obtaining grazing permits, even though these practices benefit rangeland and riparian health. BLM’s new test would jeopardize permits across the country for bison and other animals under BLM’s longstanding interpretation of grazing statutes.

Tribes have 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. The BLM decision to revoke American Prairie’s permits jeopardizes bison conservation and food sovereignty by Tribes who may use federal lands to help sustain their herds.

American Prairie’s bison have not caused harm to public lands in Montana. On the contrary, the Bureau of Land Management itself has documented that bison grazing has improved rangeland productivity and riparian health. Bison are a keystone species, creating a cascade of environmental conditions that benefit countless other wildlife.

American Prairie’s press release on today’s news is available here.