Article Summary –
Judge Gregory Todd sided with Montana Fish, Wildlife & Parks and a coalition of hunting groups against United Property Owners of Montana (UPOM), narrowing the scope of UPOM’s lawsuit demanding aggressive reduction of elk populations. Todd ruled that UPOM failed to prove the state violated elk management laws and pointed out that lack of public access to elk, rather than state mismanagement, is hindering population control. While some issues remain unresolved for future trials, Todd upheld the constitutionality of the state’s game damage program and affirmed the authority of the Montana Fish and Wildlife Commission to set hunting regulations.
A state district court judge on Monday sided with Montana Fish, Wildlife & Parks and hunting groups in a lawsuit where property owners wanted the state to reduce elk populations drastically.
Judge Gregory Todd ruled in favor of the state and hunting groups, finding their arguments more compelling than those of United Property Owners of Montana (UPOM). This nonprofit argued that high elk populations burden landowners.
The orders have narrowed the scope of the lawsuit UPOM filed in 2022, which demanded the state to “remove, harvest, or eliminate thousands of elk” to meet population targets.
In one ruling, Todd stated UPOM failed to prove that FWP violated a 21-year-old law requiring elk management “at or below” sustainable levels. He noted that the main barrier to elk harvest is limited public access and criticized property owners for not engaging in state programs like public hunting.
UPOM Policy Director Chuck Denowh stated that issues regarding the state’s elk management require resolution in a future trial.
“With elk populations at crisis levels in some areas, it’s clear they’re not meeting legal requirements,” Denowh wrote. “Montana farmers and ranchers face significant feed, forage, and fence losses.”
Todd also ruled in favor of the state on the constitutionality of its game damage program. The program allows landowners permitting public hunting to request targeted elk harvest to reduce property damage. UPOM’s “takings” claim argued the program forced property owners to choose between public access and protecting their property.
Todd wrote that UPOM’s members “never owned a property right that allowed them absolute freedom to kill” elk.
Another claim involved whether the Montana Fish and Wildlife Commission has authority to set hunting regulations, which UPOM argued should belong to the Legislature. The court ruled in the state’s favor last year.
FWP spokesperson Greg Lemon said the agency will continue focusing on elk management guided by the updated 2023 elk management plan. He praised the court’s ruling, stating the agency remains “committed to working with landowners to address game damage concerns.”
Montana Wildlife Federation Board Chair Chris Servheen called Todd’s ruling a “historic, precedent-setting victory for science and fairness in game management.”
“We have strengthened the Public Trust Doctrine and the North American Model within Montana law,” Servheen said, emphasizing collaboration with various stakeholders to uphold these principles.
The Montana Wildlife Federation is among seven wildlife, hunting, and access groups supporting FWP in the lawsuit.
A bench trial to resolve remaining issues is scheduled at the Fergus County Courthouse in Lewistown on Oct. 21.
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