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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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Montana asks appeals court to lift order allowing American Prairie bison to graze

American Prairie’s bison can still graze on three federal allotments in Phillips County. Montana wants that order lifted. Here’s why the state singled out Whiterock Coulee in its appeal.

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Missoulian broke the news in Missoula, United States on Tuesday, November 3, 2026.
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