Yellowstone Bison Herd Lawsuit: Montana’s Legal Battle Over Herd Management

Introduction

Yellowstone National Park, a beacon of natural heritage, is home to one of the last free-roaming bison herds in the United States. With a population fluctuating between 4,000 and 6,000, these iconic animals have sparked a heated legal dispute. In December 2024, Montana launched a lawsuit against the National Park Service (NPS) and the Department of the Interior (DOI), challenging Yellowstone’s 2024 Bison Management Plan. This article explores the lawsuit’s origins, arguments, and implications for bison conservation and regional stakeholders.

Background of the Yellowstone Bison Herd

Yellowstone’s bison are a conservation success story. Nearly extinct by the early 1900s due to commercial hunting, the herd was revived through concerted efforts, growing to an estimated 5,400 in 2024. The park is the only place in the U.S. where bison have roamed continuously since prehistoric times. The 2024 management plan aims to maintain a herd of 3,500 to 6,000, slightly increasing the previous target, while prioritizing transfers to tribal nations and expanding hunting opportunities.

However, this growth has raised concerns in Montana, where bison occasionally migrate beyond park boundaries, clashing with livestock interests over fears of brucellosis, a bacterial disease that can cause cattle to abort calves.

The Lawsuit: Montana’s Case Against Yellowstone

On December 31, 2024, Montana Governor Greg Gianforte, alongside the Montana Department of Livestock and Montana Fish, Wildlife and Parks, filed a 51-page lawsuit in U.S. District Court. The state alleges that the NPS violated federal laws by failing to consult adequately with Montana during the plan’s development and by allowing the herd to grow to unsustainable levels.

Key Allegations

  1. Brucellosis Risk: Montana claims the expanded herd increases the risk of brucellosis transmission to cattle, threatening the livestock industry. However, Yellowstone counters that no bison-to-cattle transmission has been recorded since 2000, while elk have caused at least 25 cases in the same period.
  2. Overpopulation Concerns: The lawsuit argues that the herd’s size, potentially reaching 6,000, damages vegetation and contributes to stream bank erosion in areas like the Lamar Valley.
  3. Lack of Collaboration: Montana accuses the NPS of rushing the planning process and sidelining state agencies, violating federal requirements for cooperative management.
  4. Tribal Transfers: The state criticizes the plan’s focus on transferring bison to tribal governments, claiming it exacerbates population management challenges.

Montana seeks to halt the plan’s implementation and reduce the herd to around 3,000 animals, arguing this would better balance ecological and economic interests.

Yellowstone’s Defense

Yellowstone’s Superintendent and wildlife managers defend the plan, emphasizing scientific advancements and the herd’s ecological role. They argue:

  • Low Brucellosis Risk: Research shows bison are unlikely to transmit brucellosis to cattle, supported by the absence of documented cases in over two decades.
  • Sustainable Herd Size: The park’s infrastructure, including a doubled-capacity bison-transfer facility, can support up to 6,000 animals without significant ecological harm.
  • Tribal Restoration: Transferring bison to tribes aligns with cultural and conservation goals, helping restore buffalo herds on Native lands.
  • Public Support: Many stakeholders, including tribal leaders and conservationists, support the plan, viewing it as a step toward coexistence with wildlife.

Recent Developments

On April 17, 2025, Federal District Judge Brian Morris heard motions in the case, indicating ongoing judicial review. The outcome remains uncertain, with potential influence from federal leadership changes following the 2024 election.

Implications

The lawsuit highlights broader tensions between conservation, agriculture, and indigenous rights. A ruling in Montana’s favor could reduce the herd, impacting tourism and tribal restoration efforts. Conversely, upholding the plan could strengthen bison conservation but strain relations with Montana’s ranching community. The case also underscores the challenge of managing wildlife across jurisdictional boundaries, a recurring issue in the Greater Yellowstone Ecosystem.

Conclusion

The Yellowstone bison herd lawsuit encapsulates the complex interplay of science, policy, and culture in wildlife management. As the legal battle unfolds, its resolution will shape the future of one of America’s most iconic species. Stakeholders await a decision that balances ecological integrity with economic realities, ensuring the bison’s legacy endures.

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