State GovernmentTuesday, November 10
Montana asks the Ninth Circuit to reverse the order that keeps American Prairie bison on federal land
The Good Day Helena team
Montana is asking a federal appeals court to undo the order that keeps American Prairie Foundation (APF) bison on public grazing land. Gov. Greg Gianforte's office announced that the state filed its opening brief with the Ninth Circuit. Chief District Judge Brian Morris granted the preliminary injunction in early September. It partly blocks BLM's May 2026 decision to cancel APF's bison grazing authorizations and reissue cattle-only permits.
The injunction covers three of the six allotments in question
3 of 6
- allotments where bison can stay
- 3 allotments the injunction does not cover
Sources: Hi-Line Today, Fairfield Sun Times
View as table
| Count | Share | |
|---|---|---|
| allotments where bison can stay | 3 | 50% |
| allotments the injunction does not cover | 3 | 50% |
- Bison covered by the permits: 900, on six allotments
- Where bison can stay: Box Elder, Telegraph and Whiterock Coulee
- Full District Court decision: not yet issued
The state's brief says the Taylor Grazing Act and two related laws authorize grazing permits for domestic livestock. It also says the district court accepted APF's claims of financial and genetic harm without testing them against the record.
$202 millionAPF reported more than this in assets on its 2024 tax filing
The state's brief points to that figure, noting BLM's 2026 decision reissued APF's cattle permits at the same stocking rates.
Source: Hi-Line Today
“The district court fundamentally misunderstood what Congress authorized in the Taylor Grazing Act.”
Morris said he found the government's attempt to redefine "livestock" in a way that excludes the herd "uncompelling."
Sources: Hi-Line Today, Fairfield Sun Times