Returning Bighorn Sheep to Bighorn Mountain.

Case Updates

In the coming months, the 9th Circuit Court of Appeals will be reviewing Cottonwood's bighorn sheep case in the culmination of a five-year-long battle to stop private domestic sheep grazing on public land in the Gravelly Mountains. The stakes are high. Montana Fish, Wildlife, and Parks can begin plans to reintroduce bighorn sheep to Bighorn Mountain in the Gravelly Range if the 9th Circuit issues a permanent injunction that stops the private livestock grazing. An injunction will also allow the Gravelly Mountains to once again become a vital corridor to connect the Yellowstone and Grizzly bear populations. Beyond the Gravelly Mountains, an injunction will likely have far-reaching effects for protecting our public lands by setting a new precedent that prioritizes conservation and public use over private livestock interests.

How did we get here?

Bighorn sheep have roamed the Gravelly Mountains in Montana for thousands of years. In their original numbers, they played a vital role in shaping the West’s mountain landscapes. Beginning in the late 1800s, however, a deadly combination of unregulated hunting, disease, and range competition from domestic livestock brought the bighorn sheep population into a steep decline, driving the species into near extinction in the 1930s. It took a concerted conservation effort by citizens and the government to stop the decline, and eventually the population was able to stabilize. 

However, in the 1980s, a pneumonia-like disease carried by domestic flocks began to devastate bighorn populations across the US with death rates up to 90%. With no effective treatment or vaccine yet found, bighorn sheep in Montana continue to die at unsustainable rates as a result of contact with domestic sheep. In the Gravelly Mountains, this statistic is particularly alarming. Due to private grazing permits issued by the Forest Service, the few bighorn sheep that remain in the Gravelly Mountains, now numbering less than 50 individuals, are forced to share ranges with over 10,000 domestic sheep which occupy 50,000 acres of public land.

The Brief Case Summary

Cottonwood has brought what could become a landmark case to the 9th Circuit, arguing that by allowing private domestic sheep to graze on public lands, the Forest Service is threatening the already vulnerable bighorn sheep population in the Gravelly Mountains, as well as blocking one of the most important grizzly bear corridors in the lower 48 and impeding the public’s right to access their public land.

Cottonwood has argued that the Forest Service broke the law by failing to follow the steps listed in its Forest Plan to ensure the viability of the bighorn sheep population. By completing only the most basic “coarse filter” analysis, rather than a detailed and specific “fine filter” analysis, the Forest Service missed crucial species-specific factors which are essential to ensuring the health of bighorn sheep in the area. The public was quick to raise concerns about the viability of bighorn sheep in the Gravelly Mountains, which should have prompted the Forest Service to complete an in-depth, fine-filter assessment for bighorns that would have analyzed how domestic impact bighorns. The Forest Service’s failure to follow its Forest Plan and conduct the fine filter assessment is violation of the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA). 

The livestock industry is drawn to grazing on public lands because of economic subsidies. It costs less than $1.50/month to graze six domestic sheep on public land, versus $20 per month on private land. Recognizing the history of private grazing on the public lands, Cottonwood reached out to the permit holders to discuss compensation in exchange for not grazing on the public lands. Retiring the private livestock from public land would allow wildlife like bears, wolves, coyotes and bighorn sheep to repopulate the area. Wildlife restoration is also a source of revenue for local communities through activities such as photography and hunting.

Private livestock grazing prevents the Montana Fish, Wildlife, and Parks from fully restoring bighorn sheep into the Gravelly Mountains. The presence of domestic sheep poses a threat to the isolated Yellowstone grizzly population by blocking a critical corridor. Native predators like wolves, coyotes, and bears are being shot for preying on the private domestic sheep. The private livestock take away from the public and wildlife’s ability to enjoy public lands.