HELENA — Montana and the federal government have agreed to dismiss a nearly two-year-old lawsuit challenging the National Park Service’s 2024 Yellowstone bison management plan, asking a federal judge to allow a separate administrative review to potentially resolve the dispute.
Dismissal tied to supplemental environmental review
In a joint filing Monday, attorneys for both sides said they requested dismissal “without prejudice” so they can focus on a supplemental environmental review the Park Service announced earlier this year. U.S. District Judge Brian Morris accepted the request Tuesday afternoon, formally ending the court challenge for now.
The state’s 2024 lawsuit argued the park’s plan, which sets a long-term herd range of 3,500 to 6,000 bison with a target of about 5,000, undermined Montana’s authority to manage wildlife on lands north of Yellowstone and failed to give the state a meaningful opportunity to be heard. Montana said the larger herd size could cause landscape damage outside the park and complicate efforts to prevent the spread of brucellosis.
Montana had pushed for managing the herd at roughly 3,000 animals, consistent with the 2000 management plan that preceded the 2024 update.
What the supplemental review could change
The National Park Service said it is conducting a supplemental environmental analysis because bison migration patterns have become less predictable in recent years, which affects “the reliability of management assumptions” used in developing the 2024 plan. The federal-state filing noted there is “potential that Montana’s claims will be addressed, if not resolved, by that process.”
Conservation groups that supported the 2024 plan welcomed the dismissal as allowing the existing plan to remain in effect while the review proceeds.
“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,”
That comment came from Kate Kane, a senior attorney with the conservation group Defenders of Wildlife’s Biodiversity Law Center, which had intervened in the case.
Local stakes and continued uncertainty
The decision to step away from federal court does not resolve the broader policy tensions. Ranchers, local governments and state officials have long been concerned about bison leaving park boundaries and the potential for brucellosis transmission to cattle. State officials argued that the new plan’s higher herd target would increase those risks and left Montana with insufficient input in the planning process.
By dismissing the lawsuit without prejudice, both parties preserve the option to return to court should the supplemental review fail to address the state’s concerns. For now, the 2024 management plan remains the operative policy guiding bison numbers and management actions inside Yellowstone.
Key figures from the plan
| Item | Figure |
|---|---|
| Target population | ~5,000 |
| Acceptable herd range | 3,500–6,000 |
| Montana’s preferred level | ~3,000 |
How the supplemental environmental review will alter those numbers, if at all, is unknown. The Park Service’s review could lead to adjustments to population targets, migration management or mitigation measures intended to limit impacts outside park boundaries.
- The lawsuit was filed in 2024 by Gov. Greg Gianforte’s office contesting federal authority and process.
- The joint filing emphasized administrative processes now underway at the National Park Service.
- Dismissal was granted by U.S. District Judge Brian Morris and was made without prejudice.
Montana and federal officials declined additional comment in the joint filing, which framed the dismissal as a procedural step to allow the Park Service’s review to proceed. The state’s move highlights a broader trend of disputes between states and federal land agencies over wildlife management and the balance of state and federal authority.
For communities along Yellowstone’s northern boundary, the outcome of the supplemental review will be closely watched. Any changes that affect bison numbers or movement could influence ranching operations, local land use planning and longstanding efforts to monitor and limit brucellosis risk.
The Park Service has not released a timeline for completing the supplemental environmental review. Stakeholders representing conservation, ranching and state government interests will likely have opportunities to comment as the process proceeds.
Travis Wheeler, WE NEWS.
