Citizens for Balanced Use v. Mont. Dep't of Fish, Wildlife & Parks
| Decision Date | 19 June 2013 |
| Docket Number | DA 12-0306 |
| Citation | 2013 MT 166 |
| Parties | Citizens for Balanced Use, Plaintiffs and Appellees, v. Montana Department of Fish, Wildlife & Parks, Defendant and Appellant, Defenders of Wildlife and National Wildlife Federation, Defendant-Intervenors . |
| Court | Montana Supreme Court |
The Montana Supreme Court has reversed a District Court injunction that barred the State of Montana from transferring quarantined bison, even though tested and determined to be brucellosis free, to any Tribal or other entity in Montana.
In 2005 the Montana Department of Fish, Wildlife and Parks (DFWP), in conjunction with other State and Federal agencies, established a quarantine program to isolate and study bison that migrated into Montana from Yellowstone National Park. An initial group of bison and their offspring repeatedly tested negative for the disease of brucellosis over a period of years. The DFWP entered an agreement with the Assiniboine and Sioux Tribes to transfer about 60 of the animals to a Tribally-operated pasture on the Ft. Peck reservation. The Tribes and the DFWP intended that about half of those animals would later be transferred to the Ft. Belknap Reservation when a suitable pasture was established and an agreement was signed with the Tribes.
Plaintiffs sued the State, contending that the agreement with the Tribes at Ft. Peck and the transfer of the bison there violated State law and should be enjoined. The District Court held a hearing and issued an injunction prohibiting the DFWP from transferring any Yellowstone Park bison to Ft. Belknap or anywhere else in the State. The District Court held that Montana law precluded the bison transplant to any public or private land that had not been specifically authorized by the landowner. The plaintiffs withdrew their request that the DFWP be ordered to reclaim the bison already shipped to Ft. Peck.
The Supreme Court reversed the injunction. The Court held that the statute relied upon by the District Court, § 87-1-216, MCA, did not apply to bison transferred to tribal lands. Since the statute did not apply it could not form the basis for the injunction. The Supreme Court dissolved the injunction and remanded the case to the District Court.
1. This synopsis has been prepared for the convenience of the reader. It constitutes no part of the Opinion of the Court and may not be cited as precedent.
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