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

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.

Protecting Montana’s Public Lands from Utah’s Land Grab

Utah politicians have a history of trying to sell off public land to benefit the real estate developers and extractive industries that fund them. Recently, the State of Utah filed a lawsuit in the United States Supreme Court, aiming to seize control of 18.5 million acres of America’s public lands within the state’s borders. And now 13 other states have joined in support of it.  But not the State of Montana. Thanks, Governor and Attorney General, let’s keep it that way.

While Utah claims it only wants to manage these lands, history shows that—when given the opportunity—it opens the door to massive sell-offs of public lands to private interests.  Let’s not mince words: Utah’s ultimate goal is to sell off all federal public lands to the highest bidder at the expense of wildlife, habitat and public access. If this effort succeeds, it could jeopardize the future of public lands everywhere, especially across the West and here in Montana.

Utah’s lawsuit claims the federal government can constitutionally only own property for military bases and the nation’s capital. By that logic, the federal government couldn’t own any Bureau of Land Management lands, national forests, national parks, monuments, or wildlife refuges across the United States. 

The consequences would be devastating. Ranchers could find grazing fees much, much higher. Our state budget would be burdened with millions of dollars in new obligations for fire suppression and extractive industry permitting. Rural communities would face even greater disruption as prized parcels get sold to and developed by absentee landowners. Wildlife habitat and migration routes would be further compromised. And the access to public lands and waters we treasure here in Montana could be lost forever.

This is our call to action. Sign this petition encouraging Montana Governor Greg Gianforte and Montana Attorney General Austin Knudsen to stand firm and reject Utah’s public land heist.

We’ll make sure your voices are heard. The petition will be delivered to Montana’s Governor and Attorney General, shared with all 150 incoming Montana State Senators and Representatives convening in Helena in January 2025, and sent to our new Congressional delegation and the incoming Trump Administration.

We’ll also keep you posted on the latest developments of this extraordinary test of character of Montana elected officials.

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

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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Legal Victory Strengthens Public Trust Doctrine, Elk & Game Management in Montana

Joint Press Release by All Intervening Organizations

In a major legal victory for the State of Montana, hunters, and conservation groups, a District Court judge has sided with the public and Montana Fish, Wildlife, and Parks (FWP) in a lawsuit attempting to upend Montana game management. The ruling bolsters the State and conservation groups in their fight to protect Montana’s game management practices, affirming the Public Trust Doctrine and ensuring that our wildlife remains public, not a private commodity.

Tenth Judicial District Court Judge Gregory R. Todd denied the United Property Owners of Montana’s motion for partial summary judgment on Tuesday afternoon and granting FWP and Intervenors cross-motions, agreeing wholeheartedly with the state and coalition’s arguments that the Montana Fish and Wildlife Commission and the Montana Department of Fish, Wildlife & Parks have been following state wildlife management laws correctly.

The coalition of intervening groups, composed of Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Chapter of Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association, and Skyline Sportsmen Association, called the lawsuit “an attack on wildlife management and Montana’s egalitarian hunting traditions.” The groups filed a motion to intervene on behalf of Montana Fish, Wildlife & Parks, Montana hunters, and all citizens of Montana.

The intervening groups, granted legal status in this case in September 2022 by the District Court in Fergus County, represent Montana hunters, anglers, public lands users, and all who have a stake in defending the public interest. They are committed to maintaining long-term, proven wildlife management that benefits all Montanans. All have a strong record of public participation in decisions affecting Montana’s natural resources and hunting heritage. Learn more at KeepElkPublic.org. Conversely, UPOM is an organization with a history of opposing Montana’s tradition and law that guarantees wildlife is equally owned by the public, not just the wealthy, well-connected, and landed gentry.

UPOM’s failed lawsuit alleged that the public process for managing elk and setting hunting regulations in Montana is unconstitutional. It attempted to force FWP to reduce elk numbers in the state substantially by killing upwards of 50,000 animals and giving politicians and private landowners management authority over public wildlife management. Similar attempts by UPOM at the legislative and commission levels have been strenuously opposed and largely defeated again.

Coalition members thank their attorneys, Rob Farris-Olsen, Graham Coppes, Kim Wilson, and state attorneys for defending the public’s interest. They vowed to keep fighting for responsive wildlife management and public hunting opportunities. The groups look forward to defending the Public Trust Doctrine, the North American Model of Wildlife Conservation, and keeping elk public in the upcoming 89th Session of the Montana Legislature.

“This is a significant decision. The Court upheld the fundamental concept of public trust wildlife, managed by wildlife professionals at Montana FWP, for the benefit of all citizens,” said Steve Platt, president of Helena Hunters and Anglers. “We are happy that the Court upheld this bedrock premise of the North American Model of Wildlife Conservation.”

“UPOM’s misguided lawsuit threatened serious consequences for how we manage Montana’s elk and public hunting opportunities going forward,” said Andrew Gorder, president of Hellgate Hunters & Anglers. “The Court’s decision is a hard-earned victory for our state’s wildlife managers and upholds Montana’s long history of managing public elk for the benefit of all, not just a select few.”

“I am proud of the hard work we have done over the last year, engaging with the state, public hunters, and landowners in a sincere and transparent effort to solve these wildlife management issues,” said John Sullivan, chair of the Montana chapter of Backcountry Hunters & Anglers. “We are grateful the court has acknowledged the public’s role in wildlife management and allowed us to intervene on the public’s behalf. We look forward to making our case in front of the court and in the light of day for all to watch.”

“Montana Wildlife Federation appreciates the time and attention to detail the Court put into this historic, precedent-setting victory for science and fairness in game management,” said Chris Servheen, Montana Wildlife Federation President and Board Chair. “We are proud to have successfully strengthened the Public Trust Doctrine and the North American Model within Montana law. We will continue to work with these intervening organizations, the State of Montana, and many more to further strengthen these sound principles.”

“PLWA is ecstatic about this decision and its implications for the science-based management of our public trust resource in Montana,” said Alex Leone, executive director of Public Lands and Water Access Association. “The decision affirms that elk in Montana are to be managed for the benefit of all, not just a few aggrieved landowners. This is not the first time UPOM has attempted to challenge Montana’s long-standing tradition of public access to public trust resources, and it won’t be the last. We are proud of MT FWP and the coalition of intervenors for stepping up and prevailing.”

“The MBA is very grateful to the many groups, their leaders and the attorneys involved who have put in the time to fight against this lawsuit. A special thanks goes out to the courts for upholding the status of the FWP professionals managing our wildlife in Montana. We need to continue to fight for our future generation of Montanan hunters and assure they will have a fair opportunity to hunt game in this great state,” said Ken Schultz, President of the Montana Bowhunters Association.

 

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Father’s Day Reflections at The Stump

By Tom Puchlerz, Montana Wildlife Federation Board Member

We all have special places in the sporting world where memories are made and friendships are cemented. My place is the Stump.

My closest friends know the Stump, some better than others, but all have made memories there. For some, it was seeing hordes of trout moving into the riffle, gorging on flies—from the lumbering skwalas and early drakes of spring to the minute tricos of summer. For others, it was getting a look from the wise old brown sipping mayflies under the branch on the far bank where only the finest cast and drag-free drift can get him to take. We all know the spot, just downstream from that light-colored rock by the clump of grass.

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Montana Wildlife Federation Board Member Tom Puchlerz fly fishing with his grandchildren, Ember and Henry. 

I fish the Stump often as it is part of my home water, just out the door and a pleasant wade upstream. The Killdeer are always there to greet me with their raucous call, and my friends, the Quail, speak to me from the tangles of willow under the towering pines and cottonwood.

I fish that stretch of river that holds the Stump every Father’s Day, and this year was no different than the many that have flowed by over the years. As I walked up the river, I thought of my friends that I had taken up to the Stump. Yes, there have been many great fish caught at the Stump, but it is the other things that I hold dear. It’s a friend’s first trout in Big Sky country. It’s the day you just couldn’t figure it out, and the walk home is one of wonder and appreciation for the quarry. It’s those earthy cigars shared with your friends on the bank across from the Stump as you talk about flies and fish, the wonderful place they call home, and how fortunate we are here on my home water.

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My Father’s Day at the Stump this year was one that will be etched in my memory for the remainder of my time on the water. I arrived mid-afternoon with the sky as blue as blue can be, the mountains still holding on to the remnants of last winter’s storms, and the river as clear as the gin I will partake in at the end of the day with family and friends. The water was visually still as I approached the pool beneath the Stump, and the first indication of fish was the sounds, not the sight, of feeding fish.

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Tom’s granddaughter, Ember, enjoying time on the water.

This was not the subtle sip I often hear, but gorging, slurping, surging sounds coming from water less than knee-deep, just above the Stump. Once my visual senses kicked in, I could see rise after rise across the riffle. Delicate mayflies hidden amongst the snowy seeds of the cottonwood were on the menu for the trout that call the Stump home. Today would not be a day of precise presentation and the perfect imitation; it was one of getting the fly on the water and being hair-triggered for the take. And so, it was. The first take launched a heavy, broad-shouldered brown as long as my forearm into the air and onto my leader. I never touched him, but he touched my heart and will remain as another memory at the Stump. There was the beautifully colored brown with crimson spots and golden belly and the rainbows that lit up the already beautiful western sky.

I stopped after a handful of truly grand trout and watched my son-in-law, the father of my grandchildren, try his hand at making memories at the Stump on this glorious day for the fathers.

There are memories, and there are memories yet to be made with friends and family. I can hardly wait to introduce my grandchildren to the Stump and the special things that happen at such places. They might even catch a trout.

 

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.