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Victory for wild buffalo in Montana! May 28, 2010
Horse Butte villagers, Earthjustice prevails in lawsuit to keep wild buffalo in Montana

On May 27, 2010 Montana District Judge John Brown ruled against the Montana Stockgrowers who filed suit to remove or slaughter all wild buffalo that remain in Montana after May 15 of each year.

Judge John Brown ruled the Sitz Angus Ranch, Bill Myers, and the Montana Stockgrowers Association cannot obtain the relief they seek because the Montana Dept. of Livestock is not bound by a mandatory legal duty to take the actions requested by the ranchers.

The ranchers sought a court order compelling forced removal or slaughtering of all wild buffalo in Hebgen Lake basin, wintering range and spring calving grounds for buffalo migrating along the Firehole, Gibbon and Madison rivers from Yellowstone National Park to the Gallatin National Forest.

Judge Brown wrote neither Montana law or the Interagency Bison Management Plan "creates no legal duty mandating" the Montana Dept. of Livestock remove or kill all wild buffalo in Montana.

The ruling came too late for several hundred buffalo inhabiting Hebgen basin that were forcefully removed by Montana livestock inspectors, National Park Service rangers, and Forest Service law enforcement officers over a grueling three week period.

Several female, new born calf and bull buffalo were injured in the 20 mile forced march from Horse Butte peninsula to Fountain Flats inside Yellowstone National Park.

Earthjustice lawyers representing Horse Butte residents Edith Ford, Joanne Mayo, Ed Millspaugh, Tom Sheperd, Ann Stovall, Joann Stovall, Karrie Taggert, and Jeannette Therien, intervened in the rancher's lawsuit to protect their "distinct interests in private property, wildlife conservation, and preservation of habitat outside Yellowstone National Park for bison."

The local villagers, along with the Galanis family owned Yellowstone Ranch Preserve, have long sought to stop the Montana Dept. of Livestock from trespassing on their private property to remove wild buffalo.

Horse Butte peninsula is comprised of 10,000 acres of habitat migratory buffalo have fidelity to - returning year after year for spring green-up on the south facing buttes and rolling sagebrush grasslands and forests overlooking Hebgen Lake and the Continental Divide.

* Legal Action Update: Stockgrowers Lawsuit Against Wild Bison August 4, 2009
On August 4 Montana District Court Judge John Brown presided over oral arguments in a state lawsuit on the fate of wild bison in Montana.

Attorney John Bloomquist representing Sitz Angus Ranch, Bill Myers and the Montana Stockgrowers Association filed suit against the Montana Department of Livestock claiming that the Interagency Bison Management Plan obligates all wild bison "be returned" to Yellowstone National Park "no later than May 15 of each year."

The two ranchers who truck cattle in to graze seasonally on leased private pastures are seeking a court order compelling the slaughter or forced removal of wild bison in the entire Hebgen Basin, an area that encompasses tens of thousands of acres of bison habitat including Horse Butte Peninsula where cattle no longer graze.

Earthjustice attorney Tim Preso, representing local Horse Butte residents, argued 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.

Locals who intervened in the rancher's suit want wild bison to roam on places like Horse Butte without government harassment. The locals rightfully claim that their private property interest in allowing wild bison to be in their neighborhood is not represented, and that Montana livestock agents trespass and intrude where they are not wanted.

"The majority of Horse Butte is public land. The National Forest Service has a responsibility to manage it for wildlife. We encourage them to do so," says Horse Butte resident Karrie Taggart, who also heads up Horse Butte Neighbors of Buffalo. "Since cattle no longer graze there it stands to reason that bison should be allowed room to roam."

The nonprofit 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 ranchers lack standing to sue and are not a party to the bison plan.

It is unknown when Judge Brown will rule. But stay tuned as the fate of wild bison to occupy habitat year-round in Montana hangs in the balance of his decision.

*Legal Action Update: 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!


*Legal Action Update: 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!

*Legal Action Update: 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!

Horse Butte residents support wild bison
Earthjustice, Buffalo Field Campaign letter
(PDF, 116 kb, 7 pages)
What future would wild bison have without Horse Butte?

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 (buffaloatwildrockies.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

Daniel Wenk, Superintendent
Yellowstone National Park
P.O. Box 168
Yellowstone National Park, WY 82190-0168
(307) 344-2002 phone
(307) 344-2014 fax
Yell_Superintendent@nps.gov

Mary C. Erickson, Forest Supervisor
Gallatin National Forest
P.O. Box 130
Bozeman, MT 59771
(406) 587-6949 phone
(406) 587-6758 fax
mcerickson@fs.fed.us

Jeff Hagener, Director
Montana Fish, Wildlife & Parks
1420 East Sixth Avenue
P.O. Box 200701
Helena, MT 59620-0701
Directors Office (406) 444-3186
Commission (406) 444-7826
Fax: (406) 444-4952
Email: fwpgen@mt.gov or jhagener.mt.gov

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