Montana Governor Greg Gianforte has filed an opening brief with the U.S. Court of Appeals for the Ninth Circuit, seeking to reverse a district court’s preliminary injunction that allows the American Prairie Foundation (APF) to keep its bison on three federal grazing allotments in Phillips County. The State’s argument centers on the legal authority for grazing permits, asserting that federal law does not authorize bison grazing on these lands. The injunction, which blocks part of the Bureau of Land Management’s (BLM) May 2026 decision to cancel APF’s bison grazing authorizations, permits bison to remain on the Box Elder, Telegraph, and Whiterock Coulee allotments.
The State’s brief contends that the Taylor Grazing Act, the Federal Land Policy and Management Act, and the Public Rangelands Improvement Act only permit grazing for domestic livestock. It also criticizes the district court for accepting APF’s claims of financial and genetic harm without sufficient review, noting that APF reported over $202 million in assets on its 2024 tax filing while reissuing cattle permits at the same stocking rates. Governor Gianforte has long opposed BLM’s initial approval of the grazing permits, citing violations of federal statutes and concerns about economic impacts on local ranching communities.
Governor’s Legal Argument
Governor Gianforte’s office stated that the BLM’s decision to cancel APF’s bison grazing permits was “correct and lawful,” emphasizing that the district court’s injunction “fundamentally misunderstood what Congress authorized.” The State’s brief argues that the law does not permit bison grazing on federal lands and that APF’s permits violate statutory requirements for federal grazing authorizations. The governor’s office also highlighted that APF’s reissued cattle permits on the same allotments contradicted its claims of harm, suggesting the claims lacked merit.
Timeline of State Actions
The Gianforte administration has pursued legal challenges since 2021, objecting to BLM’s environmental analysis and proposed permit issuance. In 2022, the state appealed BLM’s authorization of the grazing change, later filing a federal district court action in December 2024 to review OHA’s failure to stay the BLM decision. In February 2025, the governor requested Secretary of the Interior Doug Burgum to assume jurisdiction and vacate the permits. Following a December remand, BLM issued a proposed decision to cancel the permits in January 2026. The State’s opening brief is now under review by the Ninth Circuit.
The next procedural step is the Ninth Circuit’s evaluation of the State’s arguments.
