News & Updates from the Coalition

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.