Montana Asks Appeals Court to Lift Order Allowing American Prairie Bison to Graze
The state says the district court wrongly found irreparable harm and argues the BLM can continue removing bison from federal grazing leases.
- Montana filed an opening brief with the Ninth U.S. Circuit Court of Appeals on Monday, seeking to lift a temporary order allowing American Prairie's bison to graze on three federal allotments in Phillips County.
- The dispute stems from a May decision by the Bureau of Land Management to cancel American Prairie's bison grazing authorizations, which U.S. District Judge Brian Morris temporarily blocked in September.
- Montana Governor Greg Gianforte maintains federal permits are limited to domestic livestock, whereas American Prairie contends its bison qualify as livestock and federal law does not require production.
- If the court leaves the order in place at Box Elder and Telegraph Creek, the state specifically requests it be lifted at Whiterock Coulee, where shared fencing allows bison to reach state land.
- The state claims the district court misunderstood the Taylor Grazing Act, while American Prairie describes the appeal as 'frivolous,' reflecting deeper disagreement over statutory interpretation of federal grazing authority.
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13 Articles
Gianforte administration appeals court injunction that stalled BLM removal of bison
The attorneys are seeking to reverse Montana Chief District Judge Brian Morris' September ruling that granted American Prairie a preliminary injunction and temporary restraining order.
Governor Gianforte Asks Ninth Circuit to Reverse Injunction Allowing American Prairie Bison on Federal Grazing Allotments
Contact: Charlie Roth, Office of the Governor HELENA, Mont. – Governor Greg Gianforte today announced the State of Montana has filed its opening brief with the U.S. Court of Appeals for the Ninth Circuit, asking the court to reverse a district court's preliminary injunction that allows American Prairie Foundation (APF) to keep its bison on three federal grazing allotments in Phillips County....
Gianforte Asks Court to Reverse Injunction Allowing American Prairie Bison On Federal Grazing Allotments - Northern Plains Independent
Gov. Greg Gianforte on Monday, Nov. 2, announced the State of Montana has filed its opening brief with the U.S. Court of Appeals for the Ninth Circuit, asking the court to reverse a district court’s preliminary injunction that allows American Prairie Foundation to keep its bison on three federal grazing allotments in Phillips County. “The district court fundamentally misunderstood what
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