Montana
Montana Sues Park Service Over Yellowstone National Park Bison Plan
Montana state officials have already made a New Year’s resolution: Sue the federal government. In a lawsuit filed on Dec. 31, Montana Governor Greg Gianforte accused the U.S. National Park Service (NPS) of violating established agreements for managing bison.
Federal wildlife officials have ignored Montana’s concerns about increased numbers of bison, the lawsuit said, and also avoided vaccinating the animals against brucellosis, a disease that worries the state’s cattle-ranching industry.
It’s the latest escalation in a decades-long conflict between state and federal officials over management of bison herds in Yellowstone National Park. The core issue is about how to manage the animals when they leave park borders and roam into Montana. According to the lawsuit, the NPS changed the rules regarding bison numbers and vaccination in a 2024 environmental impact statement without consulting state officials.
The lawsuit was filed in district court by Gianforte’s office, the Montana Department of Livestock, and the Montana Department of Fish, Wildlife, and Parks. The NPS didn’t immediately respond to requests for comment on Thursday.
“The new Bison Management Plan is another example of Yellowstone National Park’s tendency to do what it wants, leaving Montana to collect the pieces,” the lawsuit said.
Is Livestock Disease the Issue?
The latest dispute began in 2000 when Yellowstone National Park implemented the Interagency Bison Management Plan. This long-term plan allowed for brucellosis-positive bison to live in Yellowstone. That concerned Montana officials because brucellosis can cause fetal abortion and sterility in livestock, and Yellowstone bison frequently roam outside of park boundaries.
State officials hoped the issue would be addressed when the NPS updated the management plan in July 2024. But that’s not what happened, according to the lawsuit. Instead, the updated plan violates previous agreements to keep bison Yellowstone bison herds under 3,000 animals, and avoids vaccinating them against brucellosis, Gov. Gianforte said in a July 2024 letter to federal officials.
“The condescending and disingenuous methods of NPS, and other agencies, is forcing a new day in the West,” Gianforte wrote.
While brucellosis has been found among Yellowstone bison, it’s more likely to infect livestock via elk herds, according to 2016 research from the U.S. Geological Survey.
“Any attempt to control the rate of spread in wildlife must be evaluated at the ecosystem scale and include an effective strategy to address infection in elk across the greater Yellowstone area. Focus on bison alone, as was suggested in the past, will not meet the disease eradication objective and conserve wildlife,” said the National Park Service’s Rick Wallen, lead wildlife biologist for the bison program in Yellowstone National Park and co-author of the 2016 study.
Too Many Bison?
But by 2023, the Yellowstone bison population had swelled to 6,000, or double the intended herd limit from the 2000 plan. That led to Montana hunters killing many of the animals at point-blank range as they wandered outside park borders, according to conservation groups Roam Free Nation and Alliance for the Wild Rockies.
“The so-called ‘hunt’ is just another tool to achieve what livestock interests want — to keep wild bison out of Montana,” the organizations said jointly in a press release.
Regardless, the Montana lawsuit requests a temporary pause of the 2024 bison plan while the court reviews the state’s claims.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
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“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”
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