Federal Court Blocks BLM Order To Remove American Prairie Bison From Public Lands

A federal judge today granted American Prairie’s request for a preliminary injunction, blocking the Bureau of Land Management (BLM) from enforcing its order requiring American Prairie to remove its bison from three federal grazing allotments in northeastern Montana while the organization’s lawsuit proceeds.

The ruling by U.S. District Judge Brian Morris allows American Prairie’s bison to remain on the three allotments in Phillips County, where they currently graze—Telegraph Creek, Box Elder and Whiterock—while the court considers the underlying legal challenge. The injunction does not resolve the case on the merits, but Judge Morris found that American Prairie has demonstrated a likelihood of success on its claims.

At the center of the case is whether the Taylor Grazing Act limits federal grazing permits to livestock operations focused on commercial production of food and fiber. BLM relied on that interpretation when it revoked American Prairie’s bison grazing permits in May 2026, and ordered the non-profit organization to remove its bison from federal public lands.

The court rejected that interpretation at this stage of the case, finding that American Prairie’s bison qualify as livestock under the Taylor Grazing Act. The court also found unpersuasive arguments from BLM, the State of Montana and the Montana Stockgrowers Association seeking to distinguish a 2000 U.S. Supreme Court decision, Public Lands Council v. Babbitt, that addressed the scope of the Taylor Grazing Act.

“The court’s ruling recognizes what American Prairie has argued from the beginning, that the Taylor Grazing Act does not require a grazing operation to focus exclusively on production and ignore conservation or restoration,” said Mary Cochenour, attorney for American Prairie. “The court found that American Prairie’s bison qualify as livestock under the Act and that we have demonstrated a likelihood of success on the merits. That is a significant finding, and we are grateful that the court has allowed the bison to remain in place while this case moves forward.”

Judge Morris also questioned the basis for BLM’s decision, writing that the court “struggles to see” how BLM’s decision to impose a production-oriented requirement, and then disregard evidence regarding American Prairie’s bison operation, could be consistent with federal law.

The court further found that the potential consequences of BLM’s decision extend beyond American Prairie. Judge Morris called American Prairie’s discussion of the impact on its Indigenous partners “compelling” and found that “the balance of equities tips in favor of American Prairie.”

“Bison belong on this landscape, and today’s ruling gives them a chance to stay,” said Alison Fox, CEO of American Prairie. “For more than 20 years, our bison have grazed these lands under federal authorization and without grazing violations. The court recognized the concrete harm that removing them would cause, not just to our work, but to our Tribal partners and the broader effort to return bison to their native home.”

American Prairie has held BLM grazing permits for bison since 2005. Montana classifies the organization’s bison as livestock and collects an annual per-head tax on them. Had BLM’s decision taken effect, American Prairie estimated it would have been forced to remove hundreds of bison from the affected public lands by September 30, 2026. The organization also estimated that providing hay for supplemental feed for relocated animals would cost approximately $70,000.

American Prairie has worked for more than two decades to restore bison to the Northern Great Plains and is proud to work with Indigenous communities in Montana and beyond. The organization has contributed more than 600 bison to Tribal communities and other entities as part of the growing movement to return bison to their native home. These partnerships support cultural connection, food sovereignty and community-led stewardship, while providing opportunities for people to harvest bison for food and other traditional uses.

The court’s preliminary injunction applies to the three federal allotments where American Prairie bison are currently grazing. The court did not grant relief concerning three other allotments where American Prairie bison are not currently grazing.

The underlying lawsuit will continue as the court considers whether BLM’s decision to revoke American Prairie’s bison grazing permits was lawful.

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About American Prairie

American Prairie’s vision is to create a vast and collaboratively-managed prairie destination that serves as a fully functioning ecosystem for wildlife, and offers visitors permanent access to the landscape that shaped our nation’s character. Already open to the public for recreation including camping and hunting, American Prairie offers visitors an opportunity to connect with nature on a truly grand scale. Learn more at americanprairie.org.