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Supreme Court Rejects Utah’s Attempt to Take Over Public Lands

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The U.S. Supreme Court has delivered a victory for conservation Monday, refusing to hear Utah’s attempt to seize control of nearly 18.5 million acres of federally managed public lands. While the court’s decision blocks this particular lawsuit, it comes amid escalating efforts to transfer or sell public lands under state control, posing significant risks to the landscapes, wildlife, and access cherished by hunters, anglers and outdoor enthusiasts.

“Utah’s lawsuit is nothing more than an attempt to acquire lands to sell off to the highest bidder. Montanans love these lands. They are critical for wildlife, hunters, anglers, ranchers, and rural communities,” said Frank Szollosi, executive director of the Montana Wildlife Federation.

Utah’s lawsuit, backed by a dozen other states, aimed to transfer federal lands used for grazing, energy production, and recreation into state hands. This would open the door to privatization, degradation and the sale of lands to the highest bidder.

MWF appreciates Montana Governor Greg Gianforte, Attorney General Austin Knudsen, and our Congressional delegation for recognizing that these arguments have no legal merit. But the fight isn’t over, and we must remain vigilant to protect our public lands.

With a new Congress adopting rules to make public land transfers easier and Utah signaling readiness to refile the case in a lower court, threats to public lands remain. These efforts could strip protections from millions of acres, jeopardizing wildlife habitat, rural economies, and public access to lands that belong to all Americans.

Monday’s decision by the Supreme Court comes as the newly Republican-controlled Congress adopted a rules package that includes language allowing lawmakers to more easily transfer or sell off public lands managed by federal agencies. The rules consider public lands to have no monetary value, meaning lawmakers will no longer need to account for lost revenue if they decide to give parcels to states or extractive industries.

Utah Gov. Spencer Cox, Senate President Stuart Adams, House Speaker Mike Schultz and Attorney General Derek Brown said they were disappointed in the court’s decision, but noted that the decision does not prevent the state from filing the case in federal district court in the future.

“We are also heartened to know the incoming [Trump] administration shares our commitments to the principle of ‘multiple use’ for these federal lands and is committed to working with us to improve land management,” they said in a Monday statement. “We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.”

What’s Next?

The Montana Wildlife Federation is committed to defending public lands and the values they represent. We’ll continue to track developments and fight against any attempts to privatize or degrade the landscapes that define Montana and the West. Thank you to everyone who has taken action, signed petitions and spoken out on this issue. Your voices are crucial in ensuring these lands remain public for generations to come.

As the U.S. Senate prepares for Doug Burgum’s confirmation hearing as Secretary of the Interior this week, the Montana Wildlife Federation (MWF) sent an open letter to Senator Steve Daines and Senator Tim Sheehy urging them to prioritize Montana’s conservation and public land, wildlife, and access in their decision-making.

With nearly 27 million acres of federal public lands, including iconic destinations like Glacier and Yellowstone National Parks, outdoor recreation is a cornerstone of Montana’s economy and integral to its way of life. A U.S. Bureau of Economic Analysis report from November highlights the economic significance of outdoor recreation, which contributed $3.4 billion to the state’s economy in 2023 and accounted for 4.6% of Montana’s GDP.

“We encourage our Senators to ask the nominee if he supports Utah’s wholesale federal land transfer scheme. As it stands, Burgum’s nomination comes with a clear directive to put oil and gas drilling above all other uses of public lands, which would be detrimental to our state’s economy and way of life,” said Frank Szollosi, Executive Director of MWF. “We urge Senator Daines and Senator Sheehy to protect the $3.4 billion economic engine our public lands provide in Montana and seek commitments to safeguard our economy, wildlife, and way of life as they consider Governor Burgum for Interior Secretary.”

Public interest in Montana aligns with conservation goals. Seventy-seven percent of Montanans statewide and 82% in Southwest Montana support prioritizing conservation of lands near rivers and streams or with threatened wildlife, on par with oil and gas drilling, according to a recent poll conducted by New Bridge Strategy that MWF commissioned. The poll surveyed Montanans statewide and found that 69% of Montanans favor leasing in areas with a high likelihood of oil and gas production, avoiding speculative leasing that ties up public lands unnecessarily.

The Department of Interior oversees more than 500 million acres of federal public lands and hunters and anglers don’t believe that decisions about public land management should favor extractive industries over rural families, Indigenous communities, wildlife, public access, sustainable recreation, and conservation.

MWF sent the following letter to Senator Steve Daines and Senator Tim Sheehy:

January 14, 2025

Dear Senator Tim Sheehy,

On behalf of the Montana Wildlife Federation, we urge you to prioritize Montana’s public lands and wildlife conservation programs as you begin the 119th Congress. This week, former North Dakota Governor Doug Burgum’s Secretary of the Interior confirmation hearing is scheduled. As you can meet with the nominee, we encourage you to seek commitments from Governor Bergum to safeguard Montana’s wildlife, habitat, access, outdoor heritage, and economy. Critical species such as sage grouse, wolves, grizzlies, wolverines, grayling, bull trout, and lynx are of particular concern. Collaboration between the DOI, sovereign tribes, and Montana is fundamental to resolving conflicts. Key habitat and wildlife management – driven by science and ethics – will require commitment and leadership from the Department of Interior and its agencies.

Montana’s public lands are integral to our way of life and our economy. With 27 million acres of federal public land, including Glacier and Yellowstone National Park, outdoor recreation is a pillar of Montana’s economy and way of life. In 2023, outdoor recreation-adjacent business accounted for 4.6% of Montana’s gross domestic product (GDP) and added $3.4 billion to our state’s economy, according to the U.S. Bureau of Economic Analysis report released in November. Governor Bergum’s known ties to extractive industries raise concerns about conservation priorities. Please ask Governor Bergum not to prioritize oil and gas extraction on public lands that undergird such a critical element of Montana’s economy.

Montanans across the aisle value conservation. A recent University of Montana poll shows that more than 70% of Montanans—across all political affiliations—prioritize conservation and want it to have equal footing with extractive industries. Additionally, many Montanans are concerned about the impacts of development on the quality of life that makes our state so special.

As you know, Utah has sought to take over all federal lands in that state. We encourage you to press Mr. Burgum and forcefully oppose transferring federal lands to the states. Any proposal leading to a wholesale public lands sale is anathema to Montana’s sporting community. Please ask Doug Bergum if he supports Utah’s wholesale federal public land transfer bid.

Montanans are depending on you to defend our values. By prioritizing conservation, public land, wildlife, and access, you can help ensure that future generations enjoy the Last Best Place and that Montana continues to thrive as a leader in outdoor recreation and stewardship. We hope you will meet with Montana’s conservation community in the coming months to discuss these priorities.

Thank you for your time and your service to our state.

Poll: Montanans Strongly Support New Common-Sense Oil & Gas Leasing Reforms

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In a state where public lands and wildlife are cherished, it’s no surprise that Montanans are rallying behind new measures to protect them. A recent poll conducted across Montana demonstrates overwhelming support for the Bureau of Land Management’s (BLM) new onshore oil and gas rule, which aims to reform how oil and gas development occurs on our public lands. The poll also revealed significant backing for limiting new oil and gas development in Southwest Montana.

The poll, commissioned by the Montana Wildlife Federation and conducted by New Bridge Strategy, surveyed Montanans statewide. The results are clear: There’s broad support among Montanans for common-sense oil and gas reforms.

“Montanans have made it clear that they value responsible energy development that also protects our public lands and wildlife habitats,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. “BLM’s oil and gas rule ensures that companies are held accountable for cleaning up their messes and that Montana taxpayers receive a fair return from energy development. This poll shows that the people of Montana stand firmly behind these common-sense reforms.”

The poll also demonstrates bipartisan support for a number of elements of the BLM’s oil and gas rule and stands in contrast to Senator Steve Daines’ recent resolution to dismantle the reforms. In fact, a majority of Montanans say that the oil and gas rule is common sense, including 60% of Republicans.

Key finding:

Montanans overwhelmingly support the four main components of BLM’s new oil and gas rule, with intense support for most policies:

  • Strong support for clean-up responsibility: 96% of Montanans support requiring oil and gas companies to pay for the clean-up of public lands after drilling.
  • Increased royalty fees: 84% of Montanans support increased royalty fees that match the state of Montana’s rates.
  • Prioritizing conservation: 77% of Montanans statewide and 82% in Southwest Montana support prioritizing conservation of lands near rivers and streams or with threatened wildlife, on par with oil and gas drilling.
  • Prioritizing productive leasing: 69% of Montanans favor leasing in areas with a high likelihood of oil and gas production, avoiding speculative leasing that ties up public lands unnecessarily.

The poll results also reflect strong support for limiting oil and gas development in Southwest Montana, particularly in areas like the Big Hole and Beaverhead watersheds. The Bureau of Land Management (BLM) has an opportunity to do just that in its pending sage grouse plan, which is aimed at protecting the habitats of the greater sage grouse. Oil and gas leasing and development pose significant threats to sage grouse and Southwest Montana’s rivers by causing direct loss of sagebrush habitat and creating disturbances from roads and infrastructure. The support shown in the poll underscores Montanans’ desire to remove the threat of leasing from Southwest Montana.

About the poll:  The survey was conducted from July 15-21, 2024, among 500 registered voters statewide, with an additional 300 respondents from Southwest Montana.

View the poll here:

Montana Wildlife Federation Southwest Montana Key Findings

Montana Wildlife Federation Montana Statewide Key Findings
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Victory for Montana: BLM Finalizes Oil and Gas Rule to Protect Public Lands and Taxpayers

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The Montana Wildlife Federation applauds the Bureau of Land Management (BLM) for finalizing its new oil and gas leasing rule. These long-awaited reforms represent a significant step forward for responsible energy development on public lands in Montana.

For too long, outdated leasing terms gave Montanans the short end of the stick. Over the past decade alone, Montanans have been deprived of a staggering $120 million in revenue due to loopholes. The BLM’s new rule addresses these issues head-on, ensuring a fairer return for taxpayers and responsible energy development that maintains wildlife habitat, and ensures oil and gas companies pay their fair share to clean up the messes they make on public lands. 

How the BLM’s new rule benefits Montanans:

  • Hardworking Montana families vs. record profits for out-of-state companies: Stronger clean-up and reclamation requirements ensure companies pay to clean up any mess they make on public lands, preventing abandoned well sites and protecting Montana taxpayers from footing the bill for restoration.
  • A fair return for Montana taxpayers: The rule protects Montana taxpayers from unfair clean-up costs and ensures our public lands are better managed for local needs, not just oil and gas leasing and drilling. The new reforms provide a fair return to taxpayers by increasing fees for oil and gas development, bringing them in line with the levels required by Montana and other states like Wyoming and Texas. 
  • Reduced impacts on Montana’s wildlife: The rule steers oil and gas development away from important wildlife, recreation, and cultural sites. It reduces “speculative leasing,” which allows the oil and gas industry to tie up land in leases where drilling will never occur due to limited resources. 

These changes reflect the values of Montanans. A recent poll found that a resounding 93% of Montanans support requiring oil and gas companies, rather than taxpayers, to pay for all of the clean-up and land restoration costs after drilling is finished. Additionally, 65% of Montanans support only allowing oil and gas companies the right to drill in areas where there is a high likelihood to actually produce oil and gas.

By enacting these reforms, the BLM is listening to Montana communities and prioritizing responsible energy development that benefits us all.

The Montana Wildlife Federation and its members remain committed to defending the oil and gas rule from misguided attempts to turn back the clock. We urge all Montanans to join us in protecting these popular and long-overdue reforms so that Montana’s hard-working taxpayers and families can finally get what they deserve from the development of our publicly owned resources. Together, we can ensure a future where responsible energy development coexists with healthy public lands, thriving wildlife populations, and a strong economy across our great state.

New Federal Rule Transforms Oil & Gas Leasing on Public Lands

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The Department of the Interior recently announced a final rule to revise the Bureau of Land Management’s (BLM) oil and gas leasing regulations, marking a major shift towards conserving our public lands and wildlife habitats.

The long-awaited Fluid Mineral Leases and Leasing Process rule represents a substantial advancement in responsible land management and a victory for conservationists, ranchers and all those who enjoy the outdoors—particularly in Montana, where public lands and wildlife are integral to our lifestyle and economy.

“We are thankful the Biden administration took action to protect the interests of Montana hunters and anglers. The oil and gas rule steers oil and gas away from wildlife habitat and family ranches and toward areas with existing resources and development, promoting intact migration routes,” said Frank Szollosi, Executive Director, Montana Wildlife Federation. “These common-sense reforms also protect Montana’s public lands and taxpayers from orphan and abandoned wells by requiring oil and gas companies to clean up any mess they make. The fair policies outlined in the oil and gas rule are long overdue for Montana wildlife and taxpayers.”

The last time the government attempted to reform the DOI’s oil and gas leasing program was in the 1980s, but it failed to address many persistent issues. The new rule is designed to close loopholes that have allowed private companies to exploit public lands for increasing profits. This updated oil and gas rule modernizes our antiquated leasing system to ensure that taxpayers are given a fair share for the use of their public resources. Additionally, the reforms require oil and gas companies to be responsible for the cleanup of their wells post-production, preventing Montanans from facing costly cleanups that jeopardize our wildlife and cherished public lands.

86 of the eligible lands in Montana have low or very low energy development potential

Ending Speculative Leasing 

The new rule does not prohibit new oil and gas leasing on federal lands, but will lead to a more balanced leasing process that provides a better return to taxpayers and focuses on oil and gas drilling in areas most likely to be developed. Under this new rule, the BLM will prioritize oil and gas leasing efforts in areas that already have infrastructure or show high potential for production, in an effort to prevent the unnecessary disturbance of pristine landscapes that are valuable for wildlife and ecological health.

In Montana, BLM Dillon field office Resource Management Plan (RMP) identified that about 1.2 million acres, or 86%, of the eligible lands in Montana, have low or very low energy development potential. For decades, oil and gas companies have had the opportunity to lease this land through speculative leasing practices, diverting critical conservation resources for wildlife habitat.

In the last decade alone, nearly 220,000 acres of Montana’s public lands were leased noncompetitively, including in crucial big game habitat and priority habitat for greater sage-grouse. Noncompetitive leasing took all those public lands off the table for other uses while generating nothing for taxpayers, but thankfully the BLM’s new rule will help eliminate the antiquated practice of noncompetitive leasing.

Financial Reforms & Ensuring Taxpayers Receive a Fair Return

The rule updates financial terms to ensure that taxpayers receive a fair return from the exploitation of public lands. It does this by modernizing bonding requirements for leasing, development, and production to ensure taxpayers do not bear the cost of orphaned wells on public lands.

Recent polls have shown that a staggering 96% of Montana voters are in favor of making oil and gas companies financially responsible for post-development clean-up and restoration. This sentiment was further echoed during the BLM’s comment period, where over 260,000 individuals, many of them Montanans, voiced their opinions, with a whopping 99% in favor of the proposed changes.

The rule includes an increase in the royalty rates for oil and gas from 12.5% to 16.67%, aligning these rates with those typically found on state lands. This adjustment ensures a fair return to the public for natural resource extraction and reduces the incentive for extensive oil and gas operations on federal lands.

Notably, the rule also updates bonding rates for oil and gas leases from $10,000 to $150,000, the first update to these rates in over 60 years. This adjustment reflects a more realistic estimate of the costs associated with drilling and the potential risks, ensuring that oil and gas companies bear the costs of any environmental damage, including the clean-up of orphaned and abandoned wells.

The increase in minimum bids from $2 an acre to $10 an acre, along with higher rental rates and a new $5 per acre expression of interest fee, aims to curb speculative leasing. This type of leasing often prevents proper conservation management as it locks up public lands without leading to productive use. The rule also eliminates noncompetitive leasing, which is frequently speculative and results in underutilized lands.

Prioritizing Conservation

This rule is part of a broader effort to ensure that public lands serve multiple purposes — not just resource extraction but also conservation, recreation, and cultural preservation. It limits lease extensions, imposing stricter controls on how long companies can hold onto leases without development, ensuring lands are not tied up unproductively.

This approach not only benefits the environment but also enhances the quality of life for all who rely on these lands for their livelihoods, recreation, and heritage. BLM lands are among the nation’s most iconic open spaces in the West, supporting local economies, providing homes for wildlife, offering access to nature, and preserving countless human stories.

The implementation of these reforms comes after a robust public engagement process where stakeholders, including hunters, anglers, and conservationists, provided input that significantly shaped the final regulations.

Looking Forward: A Balanced Approach to Land Use

As we move forward, this rule promises a more balanced and sustainable approach to oil and gas leasing, reinforcing the importance of our public lands in maintaining biodiversity, supporting local economies, and preserving our heritage. For Montana, this is a crucial step forward in safeguarding our landscapes for future generations, ensuring that our public lands continue to be a source of pride and natural beauty.

This landmark rule is a testament to the power of advocacy and the importance of governmental accountability, reflecting a significant shift towards prioritizing the health of our public lands and the communities that depend on them.

Montanans to Bring Back SB 442 in ’25 Legislature

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Members of the historic coalition that worked together to develop Senate Bill 442 with Senator Mike Lang have vowed to bring the bill back next session, saying lawmakers left Montanans with unfinished business after lackluster participation in vote-by-mail poll allowed a controversial veto of the bill to stand. View the results of the poll here.

Senate Bill 442 allocated millions in funding for rural roads for better access to hunting and fishing lands, private land stewardship and conservation, public access, permanent tax relief for disabled veterans’ and helping Montanans deal with substance abuse issues. It garnered widespread support from a coalition of Montanans and received supermajority backing during the 2023 Legislature. Despite the bill’s popularity, it succumbed to a controversial veto and a nearly year-long campaign of delay tactics and political maneuvers from the Gianforte administration designed to thwart a veto override attempt.

The Montana Wildlife Federation, Wild Montana, and the Montana Association of Counties were all partners in litigation to facilitate this veto override ballot process. They say focus will now shift to ensuring lawmakers live up to their prior support of SB 442 because the critical needs that should have been addressed by the legislation are not going away.

The leaders of these organizations issued the following statements:

“Despite broad bipartisan support in the 2023 Legislature, politics became the enemy of good, homegrown policy. Our coalition of hunters, anglers, ranchers, county commissioners, veterans, and Montanans across the state remains united and committed to address these pressing issues,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. “It’s regrettable that Montanans must face another delay for crucial investments—ranging from improving veteran benefits to repairing county roads to enhancing private and public land wildlife habitat. We’re already laying the groundwork for introducing new bipartisan legislation, and elected officials can count on our commitment to improve Montana’s roads, wildlife habitat and support for our veterans.”

“The circumstances surrounding SB 442 and its veto should be of great concern to Montanans,” said Jason Rittal, Deputy Director of the Montana Association of Counties. “The District Court serves as a critical check in our system, ensuring that loopholes resulting in unconstitutional actions are not allowed. By closing one of these loopholes, the Court did its job and provided the Legislature their opportunity to override. Some legislators do not agree with the Court’s involvement and subsequent decision, which is their prerogative. However, SB 442 is good policy that would have benefited Montana far and wide, and when the 2025 session arrives, County Commissioners throughout the state will again rally in support of another SB 442.”

“Kicking the can down the road didn’t solve any of the problems SB 442 would have addressed,” said Noah Marion, Political and State Policy Director of Wild Montana. “The historic coalition who supports SB 442 is not going away, and we expect to bring back similarly bipartisan and impactful legislation once again. We look forward to working with the multitude of legislators who have claimed they will eagerly support the policy in 2025, even if they refused to support the override. The Governor’s unconstitutional actions and the cynical political gamesmanship by his allies was the only chance he had to stand in the way of such a broadly supported bill, but the Court has been clear that cannot happen again. Unfortunately, Montanans will have to wait yet another year for these investments they so critically need. Rest assured this is not the end.”

Jeff Lukas – MWF Elk Campaign Manager

Jeff Lukas

Conservation Director

Jeff Lukas is a passionate conservationist who has been fishing and hunting his entire life. Whether it’s floating a small stream chasing trout, pursuing elk in the high country, or waiting in a blind for ducks to set their wings, Jeff is always trying to bring more people afield to show them what we are trying to protect. He loves being in the arena, and he will never shy away from conversations about the beautiful and unique corners of Big Sky country.