A state agency wants a new judge to preside over lawsuits being
brought by Park County and the Park County Stockgrowers Association
over a decision allowing bison to freely roam the Gardiner
Basin.
"We feel that this issue is of such local importance to the economy
there and the people there that we should relieve the local judge
of the responsibility to hear the case," said Rebecca Jakes
Dockter, an attorney for Montana Fish, Wildlife and Parks.
A hearing was scheduled for Park County district judge Nels
Swandal's courtroom today, but was postponed following FWP's
request that Swandal be replaced. Swandal will pick his
replacement.
FWP and other agencies were scheduled to ask Swandal to throw out a
restraining order that bars the state from implementing a policy
that is more tolerant of Yellowstone bison in southern Park
County.
The new policy was heralded by many people as a huge step for
Montana, which has been famously unwelcoming of bison roaming out
of the park in search of lower ground during the winter. But the
county and stockgrowers say in their lawsuits against the plan that
the bison subject property to damage, residents to harm and
livestock to disease.
"Large numbers of bison now regularly congregate at school bus
stops and other locations, interacting with children, elderly, and
other individuals that live in the area to a degree not previously
encountered," Park County's lawsuit stated. "These bison have also
caused extensive damage to property, and indicated aggression
towards landowner animals."
Prior to the policy in question, only 25 bison had been allowed to
graze in the area, and only on a small part of land abutting the
Yellowstone River. The lawsuits do not address those bison.
Also on Tuesday, three new groups announced they want to have a
seat at the table when the cases are heard.
The Natural Resources Defense Council, the Bear Creek Council, and
the Greater Yellowstone Coalition - all conservation groups - have
asked to oppose the lawsuits. If that request is approved, the
groups would be present during all the hearings. It would allow
them to, for example, file motions and make arguments along with
the defendants.
"It lets us participate and raise issues that we think are
particularly pertinent...in our perspective," said Mark Pearson,
national parks program director for GYC.
Brett Linneweber, Park County attorney, said he wouldn't mind if
the conservation groups participated.
"I don't care how many perspectives are present," he said. "The
issue flat out isn't a stand on bison themselves, but a stand
specifically toward ensuring public health and safety."
The postponed hearing will be held at a later date that has not yet
been announced.
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