HELENA — Almost two years ago, Gov. Greg Gianforte’s office launched a lawsuit challenging the federal plan for managing bison in Yellowstone National Park. Now, though, the state and federal governments have agreed to drop the case.
Montana sued in 2024, claiming the National Park Service’s plan for Yellowstone bison undermined state management and didn’t give them a chance to be heard. However, with federal authorities now taking another look at their analysis, the state is allowing that process to play out.
“[T]here is potential that Montana’s claims will be addressed, if not resolved, by that process,” attorneys for both sides said in a joint filing Monday. “As such, dismissal without prejudice allows parties to focus resources on that process.”
U.S. District Judge Brian Morris accepted the parties’ request and dismissed the lawsuit Tuesday afternoon.
(Watch the video for more on the end of the lawsuit.)
The 2024 Yellowstone bison management plan, completed under the Biden administration, was the first new plan for the park since 2000. It called for managing the Yellowstone herd at between 3,500 and 6,000 bison, with a target population around 5,000.
Montana argued a herd that large could lead to landscape damage north of the park and make it harder to prevent the spread of brucellosis. The state’s lawsuit called for managing the population at around 3,000 animals, as under the 2000 plan.
Earlier this year, the National Park Service announced it would do a supplemental environmental review on the bison management plan. Leaders said bison migrations have become less predictable, affecting “the reliability of management assumptions.”
While the new analysis could lead to changes, those who back the 2024 plan say, for the moment, the dismissal will leave it in effect.
“Temporarily, it's frankly good news, because the Yellowstone management plan that we support stays in place, unless and until there's a different plan put forth,” said Kate Kane, a senior attorney with the conservation group Defenders of Wildlife’s Biodiversity Law Center.
Defenders of Wildlife, which intervened in the lawsuit in support of the federal plan, wants to see the Yellowstone herd at around 6,000 animals.
“We think the science supports that when you have too low a number, you're really not building that genetic diversity and building that real strength of herd that you need,” Kane said.
Kane said her group is also concerned a smaller herd would mean fewer animals available for the Bison Conservation Transfer Program, which distributes animals from the Yellowstone herd to native tribes. The Fort Peck Tribes receive the bison, house them for a year, then transfer them on to other tribes across the country.
The Fort Peck Tribes also intervened to defend the NPS plan, along with the Confederated Salish and Kootenai Tribes and two other tribal governments.
“The Fort Peck Tribes are encouraged to see the State of Montana dismiss its lawsuit so that the parties can move past litigation and focus on the real work ahead on the Bison Management Plan,” said Chairman Floyd Azure in a statement. “We look forward to continuing to work with the National Park Service on the plan, particularly to maximize the use of the Fort Peck Tribes’ successful bison quarantine program as we continue to restore wild bison to Indian Country and fulfill Treaty and trust obligations.”
MTN reached out to Gianforte’s office Tuesday. They declined to comment on the decision to drop the lawsuit.
