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

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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

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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.

 

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.