Montana Appeals Ruling Keeping Bison on Federal Land

Governor Greg Gianforte's administration asks the 9th Circuit to reverse a federal judge's order that lets American Prairie's bison stay on public rangeland.

Updated on Nov. 5, 2026 in Law

Montana Appeals Ruling Keeping Bison on Federal Land

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Should bison be allowed to graze on federal public lands in Montana?

Montana Governor Greg Gianforte has appealed a September ruling by Chief District Judge Brian Morris that allows American Prairie's bison herd to remain on federal lands while the case proceeds. Six state attorneys and one private Helena attorney filed the petition with the 9th Circuit Court of Appeals on November 2.

Why it matters

The dispute turns on whether bison are livestock under federal grazing law, a question that could determine whether American Prairie must move its herd off public rangeland. The outcome may shape how rewilding projects operate on federal grazing leases across Montana.

The appeal rests on the 1934 Taylor Grazing Act, which the state says covers only production livestock, while American Prairie contends its bison are rewilded and non-production. The Bureau of Land Management's removal order is paused, and the final classification of the herd remains unresolved.

The players

Greg Gianforte

Greg Gianforte is the Republican governor of Montana, whose administration has pursued the appeal against American Prairie.

American Prairie

American Prairie is a nonprofit conservation organization in Montana that is restoring a large bison herd and native grassland ecosystem.

Brian Morris

Brian Morris is the Chief U.S. District Judge for Montana who issued the September injunction allowing the bison to remain on federal lands.

Bureau of Land Management

The Bureau of Land Management is the federal agency that manages public rangelands and ordered the removal of the American Prairie bison this spring.

The details

The Bureau of Land Management ordered American Prairie's bison removed from federal grazing leases this spring, arguing only production livestock are permitted under federal grazing rules. Western Watersheds Project filed a complaint against the BLM in August, and Judge Morris's September ruling blocked removal while the case proceeds.

1934: Taylor Grazing Act enacted
2022: BLM issued its decision on the American Prairie bison
August: Western Watersheds Project filed its complaint against the BLM
September: Judge Morris granted American Prairie a preliminary injunction
November 2: State attorneys filed the 9th Circuit petition

Legal Context

The case extends a decades-long debate over federal grazing law set by the 1934 Taylor Grazing Act and reinforced by the 1976 Federal Land Policy and Management Act and the 1978 Public Rangelands Improvement Act. Whether that framework covers rewilded bison rather than production livestock is now before the 9th Circuit.

If the appeal is upheld, American Prairie may have to move its bison off federal lands, which would affect the grazing areas the herd uses. Ranchers and public-land users in Montana would see whether federal grazing leases can hold non-production animals.

The takeaway

The case will test whether a rewilding project can coexist with livestock-based federal grazing rules. Readers following Montana public-land policy should watch for the 9th Circuit's ruling on the preliminary injunction.