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Montana Hunting and Conservation Groups Solidify Court Standing in Legal Defense of Elk Management

District court judge grants coalition’s motion to intervene by demonstrating a ‘direct, substantial, legally protectable interest’ in suit brought by United Property Owners of Montana

MISSOULA, Mont. – A District Court judge has ruled that a coalition of Montana hunting and conservation groups can intervene in a lawsuit that attempts to upend game management in Montana.

Tenth Judicial District Court Judge Heather Perry granted the groups’ motion to intervene on Wednesday afternoon, acknowledging the coalition’s standing in the suit filed in May by the United Property Owners of Montana against Montana Fish, Wildlife and Parks and the Fish & Wildlife Commission.

Composed of Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association and Skyline Sportsmen, the coalition called the lawsuit “an attack on wildlife management and Montana’s egalitarian hunting traditions” and filed the motion to intervene on behalf of FWP and the citizens of Montana.

The groups represent a broad array of interests and are committed to maintaining long-term, proven 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 the great Montana tradition and law guaranteeing wildlife are equally owned by the public, not just the wealthy and well-connected. UPOM alleges in its suit that the public process for managing elk and setting hunting regulations in Montana is unconstitutional. It attempts to force FWP to act to reduce elk numbers in the state substantially by killing upwards of 50,000 animals and giving politicians and private landowners management authority of the public’s wildlife. Similar attempts by UPOM at the legislative and commission levels have been strenuously opposed and largely defeated.

Judge Perry ruled that the coalition has met criteria establishing its grounds for intervening: that the motion is timely, that it shows an interest in the subject matter of the suit, that it shows that protection of the interest may be impaired by the disposition of the action, and that the interest is not adequately represented by an existing party.

Coalition members voiced appreciation for the court recognizing their role in defending the public’s interest and vowed to keep fighting in the name of responsive wildlife management and public hunting opportunity. The groups look forward to making their case in front of the Court.

“Elk belong to the people of Montana,” said Steve Platt, president of Helena Hunters and Anglers. “We intend to keep it that way.”

“The abjectly partisan decisions of our elected officials – and their appointees – on elk management dictate that Montana hunters must now bear the responsibility of ensuring abundant, accessible elk populations on public land,” said Walker Conyngham, president of Hellgate Hunters & Anglers. “UPOM’s lawsuit threatens serious consequences for how we manage our elk and public hunting opportunities going forward. We welcome the opportunity to defend our state’s wildlife managers and our historic wildlife management principles against this troubling suit.”

“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 that the court has recognized our standing as intervenors in this important case,” said Montana Wildlife Federation President and Board Chair Dr. Chris Servheen. “This case is about the public’s role in the management of elk and other wildlife in Montana. Elk are a public resource and should be managed using science in a fair and balanced public process. MWF is an organization made up of all kinds of Montanans, including hunters and landowners, so it makes sense for us to be involved. We look forward to working with our partner organizations in representing the interests of the public before the court in this important case.”

Contact: Katie McKalip, BHA, 406-240-9262, mckalip@backcountryhunters.org

Sonya Smith, MWF, 406-417-9909, sonya@mtwf.org

Today, the Montana Wildlife Federation applauded President Biden’s signing of the Inflation Reduction Act, marking the country’s most significant investment ever to combat the impacts of climate change. The landmark bill included many provisions that will bring much-needed investments across the West, including to Native communities, to boost landscape resiliency, clean energy jobs, and protect taxpayers by reforming antiquated energy policies.

“Passage of the IRA marks a historic moment for the future of Montana’s people, landscape, and our fish and wildlife,” said Frank Szollosi, Executive Director for the Montana Wildlife Federation. “Climate change is impacting species and their habitat across the West, and affecting some of the sporting community’s most cherished opportunities that people depend on for their way of life. This historic legislation will help preserve our outdoor heritage while boosting the economy and helping the U.S. transition to a clean energy future.”

Key policy reforms within the bill included changes to the outdated federal oil and gas leasing system, which has cost American taxpayers billions of dollars in revenue because of antiquated policies. Most noteworthy was an increase of royalty rates for federal lands leasing and the elimination of noncompetitive leasing, a loophole that has been exploited by oil and gas companies for decades to scoop up federal lands that have little to no potential for actual development.

“For too long, oil and gas companies have used loopholes in the system to boost their bottom line, without any plans to develop leases and provide a fair return to taxpayers for the use of public lands,” said Szollosi. “The increase in royalty rates and elimination of noncompetitive leasing is a key step forward in protecting taxpayers and also ensuring that our public lands are managed for their outstanding wildlife and recreation values.”

Szollosi also applauded senior Senator Jon Tester for his work to pass the bill in the U.S. Senate, while expressing disappointment in Senator Steve Daines and Congressman Matt Rosendale for opposing the legislation:  “Senator Tester has been a stalwart champion for fish, wildlife and public lands, and his work to ensure that Montana receives the key investments from the bill is no exception. We’re disappointed that Senator Daines and Congressman Rosendale decided to put partisan politics ahead of securing a healthy future for Montana residents, fish and wildlife.”

On a tight-vote, the Montana Land Board gave conditional approval this morning for the state to acquire a small private parcel to be managed as part of the Mount Haggin Wildlife Management Area.

Acquisition of the 829-acre Willow Creek parcel was a priority for hunters and anglers who were worried private development would spoil critical big game winter range.   They say today’s vote will protect wildlife habitat, increase public access, and provide new hunting and other outdoor opportunities for Montanans.

“This was the only responsible outcome for Montana and for our wildlife,” said Gary Ouldhouse, president of Anaconda Sportsman’s Club. “We thank Governor Gianforte for his leadership and are encouraged that the majority of our Land Board members agreed to create new public access and protect high-quality habitat that would have otherwise been developed and closed off to future generations.” 

The Mount Haggin Wildlife Management Area straddles the Continental Divide and is the largest Wildlife Management Areas in the state.  The new addition is located four miles south of Anaconda and shares a 2.5 mile border with the existing management area.

The acquisition was supported by the Anaconda Deerlodge County Commission, Montana Union Sportsman’s Alliance, Rocky Mountain Elk Foundation, The Montana Chapter of Backcountry Hunters and Anglers, Jefferson Valley Sportsmen, the Anaconda Sportsman’s Club, Montana Trout Unlimited as well local hunters and landowners.

“We’re incredibly thankful this addition was finally approved. FWP, RMEF and the landowners deserve all the thanks and praise we can muster, yet today’s narrow and conditional approval for a project overwhelmingly supported by the public and paid for with sportsmen’s dollars reminds us we need to continue to show up and engage when it matters most,” said Scott DeSena, a board member of the Montana Chapter of Backcountry Hunters and Anglers. “We’d like to thank Governor Gianforte who showed leadership today in repeatedly expressing his support for this project with sound and reasonable justifications.” 

According to Montana Fish Wildlife and Parks, the Willow Creek property was likely to be subdivided and developed had the state not stepped in. 

“Given current interest in Montana real estate, the recreational value of the property due to bordering the WMA, the easy access from Interstate 90 and MT Highways 1 and 569, and the proximity to the amenities of Anaconda, this property is prime for subdivision. The current landowners have recently been approached by developers showing interest in acquiring their property for this purpose,” reads the State’s environmental analysis. 

Funding for the $2.7 million purchase will come from Montana’s Habitat Montana program with in-kind support from Rocky Mountain Elk Foundation and the Montana Fish Wildlife and Parks conservation trust.

For over three decades, the Habitat Montana program has helped landowners create new public access and protect habitat-rich lands from development.  The program raises money through hunting license sales and state taxes on recreational marijuana. 

Hunting and conservation advocates say they are hopeful today’s majority vote signals continued interest in additional fee title acquisitions later this year.  At the top of that list is the creation of a new 5,677-acre Wildlife Management Area in the Big Snowy Mountains. 

The Montana Fish Wildlife and Parks Commission is expected to vote on the Big Snowy proposed acquisition next Thursday.  That vote would clear the path for approval by the Montana Land Board. 

“We are hopeful the majority of our Montana Land Board will continue to support strong proposals like the Big Snowy Mountains WMA, which are fiscally responsible and have overwhelming support from hunters and landowners,” said Marcus Strange, Director of State Policy and Government Relations for Montana Wildlife Federation.

CONTACT

Gary Ouldhouse, President of Anaconda Sportsman’s Club, 406.559.0422

Marcus Strange, Director of State Policy Montana Wildlife Federation, 406.916.2585

Scott Desena, Board member of MT Chapter of Backcountry Hunters and Anglers, 406.498.8811