United Property Owners of Montana has appealed its lawsuit against the Montana Fish and Wildlife Commission and the Department of Fish, Wildlife & Parks to the Montana Supreme Court. The group was shot down in a Fergus County District Court earlier this year as it sought to force FWP to reduce elk populations in hunting districts where they are over population objectives. “We feel the district court judge did not address the key question of whether the law requires FWP to manage big game populations to objective levels, and to use every tool available to do so,” said Chuck Denowh, policy director for UPOM. Tenth Judicial District Court Judge Gregory Todd ruled against UPOM’s request, writing that Montana statutes “do not provide the ‘clear legal duty’ to cull elk herds to UPOM’s objectives.” Seven Montana sporting groups have intervened in the case, which UPOM is also challenging. The issue is made difficult by the fact that elk are so smart. When it’s not hunting season they spread out across a hunting district. Once they start feeling pressured by hunters, they flee to ranches where access to public hunting is limited, along with their harvest. The lawsuit also comes as FWP believes chronic wasting disease, an always fatal infection, is more widespread in elk than currently recognized, simply because so few elk are being tested. In some herds of Montana deer, CWD infections of up to 25% have been recorded. In addition, the Supreme Court seats a new chief justice next year, former Broadwater County Attorney Cory Swanson, who has previously advocated for UPOM. The group was also one of his highest campaign contributors.
To learn more, check out my story at https://billingsgazette.com/outdoors/united-property-owners-of-montana-elk-supreme-court/article_b338b5ac-b682-11ef-b597-07dd0f3f5525.html.
Written by Brett French | Outdoors Editor for Billings Gazette Communications
