*Horse
Butte Bison Habitat Update February 4, 2009
Attorneys for the Montana Board of Livestock and Earthjustice
recently filed motions to dismiss a second complaint filed by
the Montana Stockgrowers. The stockgrowers claim recent adaptions
to the Interagency Bison Management Plan allowing bison to roam
outside of Yellowstone National Park in Hebgen Basin violates
their constitutional rights to a "clean and healthful environment".
Montana Board
of Livestock Motion to Dismiss (PDF, 366kb, 12 pages)
Earth Justice Motion
to Transfer & Dismiss (PDF, 72kb, 16 pages)
The stockgrowers also claim a proper environmental analysis
was not prepared before changes were made to the bison plan.
This is the first season that the State of Montana and several
federal agencies agreed to adapt changes in their bison plan
to allow bison to roam seasonally on Horse Butte peninsula,
a bison wintering and calving ground spread over 9,600 acres
of habitat. (That change was recently underminded by Forest
Supervisor Mary Erickson's decision to renew the Montana Department
of Livestock's permit to operate a bison trap on Gallatin National
Forest lands on Horse Butte for another 10 years).
Earthjustice, representing local Horse Butte residents, argue
there is no "legal duty" for the State of Montana
to kill or remove bison by May 15 every year who have roamed
to range outside Yellowstone National Park. Local residents
who intervened in the stockgrower's suit want wild bison on
private and public lands in the Hebgen Basin without government
harassment.
The non profit lawyers argue the bison plan is adaptive and
Montana law is permissive in how bison can be managed. They
were joined by Assistant Attorney General Norman Peterson, representing
the Board of Livestock, who asked the court to dismiss the suit
as the stockgrowers lack standing to sue and are not a party
to the bison plan.
Earthjustice also filed a motion to change the court venue arguing
the stockgrowers claim of alleged injury can only arise in Gallatin
County as bison are confined to zones outlined in the adaptive
plan that do not permit them to roam in Madison County where
the stockgrowers complaint was filed.
Stay tuned!
*Horse Butte Bison Habitat Update January
4, 2009
Montana Stockgrowers
motion to amend their complaint (PDF, 2.7MB, 72 pages)
The Montana Stockgrowers recently filed a 12th hour plea with
the court adding another claim to their lawsuit that recent
adaptions to the Interagency Bison Management Plan "allowing
for an increase risk of brucellsis/brucella in the environment
in areas outside of Yellowstone National Park violates Petitioners'
constitutional rights ... to a clean and healthful environment
..."
This is a fundamentally flawed argument as the basis of the
Interagency Bison Management Plan is "adaptive management"
that is the ability to change and adapt to new science and information
gained from experience. In a 2008 report to the U.S. Congress,
the State of Montana and the federal agencies were roundly criticized
by the U.S. Government Accountability Office for failing to
understand and implement adaptive management.
The stockgrowers say the State of Montana and the federal agencies
have a "legal duty" to remove all wild buffalo "on
public and private lands" outside Yellowstone National
Park and inside Montana.
If Montana is to have a clean and healthful environment it needs
to restore wild buffalo in our state. Wild buffalo are an indigenous
wildlife species and have an irreplaceable ecological role to
play in keeping a diversity of native plants and wildlife on
the land, the waters clean, and grasslands healthy.
Let wild buffalo roam Montana!
*Horse
Butte Bison Habitat Update 12/02/08
Earthjustice
motion for judgment (PDF, 48kb, 9 pages)
Montana Stockgrowers
motion for judgment (PDF, 648kb, 20 pages)
Earthjustice reply
to Stockgrowers motion (PDF, 56kb, 11 pages)
December 2008 Update on Montana Stock growers vs. Horse Butte
bison habitat
In May 2008 stock growers in Montana filed suit in Madison
County claiming the Montana Dept. of Livestock and State Veterinarian
Marty Zaluski threaten rancher's cattle that graze in the
Hebgen Basin by not removing or killing wild bison that remain
on Horse Butte after May 15.
Bozeman-based attorneys for Earthjustice intervened on behalf
of long time local residents of Horse Butte who joined the
lawsuit to protect their "distinct interests in private
property, wildlife conservation, and preservation of habitat
outside Yellowstone National Park for bison."
Briefs were recently filed by both parties for judgement from
the court.
Attorney John Bloomquist representing Sitz Angus Ranch, Bill
Myers and Montana Stockgrowers Association, argue the Montana
Department of Livestock (DOL) has a legal duty to take action
when bison migrate into Montana and bison are not allowed
"unrestricted access within the state", and that
the Interagency Bison Management Plan has the effect of law
which obligates all wild bison "be returned to YNP [Yellowstone
National Park] by DOL no later than May 15 of each year."
The stock growers are seeking to enforce the deadline in the
"Western Boundary Area" which encompasses tens of
thousands of acres of bison habitat in Hebgen Basin, upper
Madison valley.
Sitz Angus Ranch and Bill Myers seasonally graze cattle at
Duck Creek, Red Canyon and the South Fork of the Madison Arm
from early June into October. The cattle are trucked out to
winter on lower elevation ranches owned by the stock growers.
Earthjustice attorney's representing several Horse Butte locals,
Greater Yellowstone Coalition and Natural Resources Defense
Council argue that the Interagency Bison Management Plan "does
not carry the force of law" compelling Montana to remove
or kill wild bison by an arbitrary date, that the bison plan
is adaptive, meaning it can change and is not "fixed
in stone" and that the livestock agency has "discretion"
under Montana law on when and what actions it may take to
"manage wild bison in Montana."
The lawsuit is being heard by Montana District Judge Loren
Tucker who has not yet made a decision. Stay tuned.
Earthjustice Intervention: Local residents intervene
in Stockgrowers suit to prevent harm to wild buffalo on Horse
Butte
Brief: Legal brief
filed by Earthjustice to intervene in the Stockgrowers suit.
(PDF, 84kb, 20 pages)
Montana Stockgrowers
Brief: Montana Stockgrowers complaint suing the Montana
Dept. of Livestock and State Vet Marty Zaluski. (PDF, 2.6MB,
78 pages)
On August 13, 2008 Earthjustice lawyers representing Horse
Butte residents EDITH FORD, JOANNE MAYO, ED MILLSPAUGH, TOM
SHEPERD, ANN STOVALL, JOANN STOVALL, KARRIE TAGGART, JEANNETTE
THERIEN, along with GREATER YELLOWSTONE COALITION, and NATURAL
RESOURCES DEFENSE COUNCIL filed to intervene in the Montana
Stockgrower's suit against the Montana Dept. of Livestock
and State Veterinarian Marty Zaluski.
The Stockgrowers filed suit in Madison County May 2008 claiming
the Montana Dept. of Livestock and State Veterinarian Marty
Zaluski threaten rancher's cattle that graze in the Hebgen
Basin by not removing or killing wild buffalo that remain
on Horse Butte after May 15.
The Earthjustice filing states long time local residents of
Horse Butte joined the lawsuit to protect their "distinct
interests in private property, wildlife conservation, and
preservation of habitat
outside Yellowstone National Park for bison." These folks
simply enjoy seeing wild buffalo on their land and in their
neighborhood village and "benefit from bison grazing
that reduces fire danger and
other ecological disruptions from tall grasses and weeds on
Horse Butte."
The locals say a long running dispute with the Montana Dept.
of Livestock and its' operations targeting wild buffalo for
removal from Horse Butte - a peninsula where cattle no longer
graze - "are highly disruptive, noisy, and negatively
impacts the ability of these property owners and residents
to maintain a safe and quiet neighborhood."
Horse Butte is a 9,600 acre peninsula of lodgepole pine forest
and sagebrush grasslands with a butte overlooking and bounded
by Hebgen Lake. Hebgen Basin encompasses the upper Madison
Valley drainage which flows into Hebgen Lake.
Along with the Montana Stockgrowers, a lobby arm of the cattle
industry, the plaintiffs include Bill Myers who leases the
Stinnett Ranch near Duck Creek, and the Red Creek Ranch near
the Grayling Arm of Hebgen Lake to graze 200 cow calf pairs,
and Bob Sitz, Sitz Angus Ranch, who sells seed stock and purebred
cattle worldwide and have grazed 300 cow calf pairs on Pat
Povah's Deep Well Ranch along the South Fork of the Madison
River for the past 30 years.
The Stockgrowers complaint states the "failure"
of the livestock agency to "timely" remove buffalo
and to allow buffalo to calve and occupy land in the Hebgen
Lake basin places the ranching families cattle at "greater
risk" of contracting brucellosis and "interferes"
with the use and enjoyment of grazing, and the social and
economic stability of local ranching families depends on brucellosis
free cattle and Montana retaining its status.
The Stockgrowers are seeking a court order forcing the Montana
Dept. of Livestock to remove all wild buffalo in a "timely
manner" by May 15 from the "Western Boundary area"
which includes Horse Butte.
Buffalo Field Campaign supports the locals who want wild buffalo
on their land and is encouraging everyone to sign on to our
letter to the people in charge requesting that the government
stop harming wild buffalo on Horse Butte. Public pressure
is needed and your calls and letters of support for wild buffalo
on Horse Butte can make a difference. Let buffalo roam!
|
| Take
Action! Contact the people in charge.
Sign on to the Horse Butte bison habitat letter
(text
of the letter opens in a new window).
Support the locals who support having wild bison in their
neighborhood.
Send your endorsement of the sign on letter to the people
in charge below, and to Buffalo Field Campaign (buffalo@wildrockies.org)
so we can track your support and keep you informed of news
and actions you can take to protect Horse Butte for wild bison.
Thank you for taking action to protect wild bison and their
native habitat!
Marty Zaluski, State Veterinarian
Montana Department of Livestock
P.O. Box 202001
Helena, MT 59620-2001
(406) 444-9321 phone
(406) 444-4316 fax
mzaluski@mt.gov
Suzanne Lewis, Superintendent
Yellowstone National Park
P.O. Box 168
Yellowstone National Park, WY 82190-0168
(307) 344-2002 phone
(307) 344-2014 fax
Suzanne_Lewis@nps.gov
Mary Erickson, Forest Supervisor
Gallatin National Forest
P.O. Box 130
Bozeman, MT 59771
(406) 587-6701 phone
(406) 587-6758 fax
mcerickson@fs.fed.us
Joe Maurier, Director
Montana Fish, Wildlife and Parks
1420 E. 6th Ave.
P.O. Box 200701
Helena, MT 59620-0701
(406) 444-3186 phone
(406) 444-4952 fax
jmaurier@mt.gov |
