Judge orders BLM to fix Montana grazing review for lack of sage-grouse data

A federal judge on Friday ordered the U.S. Bureau of Land Management (BLM) to fix shortcomings in its 2024 environmental review of renewed grazing permits in Montana's Grasshopper Watershed. The problem, he said, is how the agency handled the vulnerable greater sage-grouse ¹.

Chief U.S. District Judge Brian Morris, an Obama appointee, granted in part and denied in part motions from three environmental groups and the government ¹. He did not throw out the BLM's assessment. He ruled that the agency must include all available data needed for a complete picture of sage-grouse status and population trends in the watershed ¹.

What the judge found

Morris said the law the review falls under, the National Environmental Policy Act, "requires defendants to include all relevant data that supports the conclusions in their EA." EA stands for environmental assessment ¹. He wrote that the agency seemingly knew, or knew better than it disclosed, the status and trend of the grouse populations ¹.

He also agreed with the groups that the BLM left out data on forbs without explanation, which he called arbitrary and capricious. Forbs are plants such as clovers and milkweed that give grouse food and shelter for nests ¹. The BLM must either analyze forb height data or explain why it is not an appropriate measure ¹.

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The judge rejected some of the groups' arguments. He said the BLM could organize its look at combined effects around specific resource issues rather than individual species, and that the court "will not overly second-guess this choice" ¹.

How the case got here

The Alliance for the Wild Rockies, Native Ecosystems Council and Council on Wildlife and Fish sued in 2025 over approval of grazing, livestock management and range improvement projects in the area ¹. They say the area holds highly valuable habitat for a bird that has declined for decades from habitat loss ¹.

Montana's sage-grouse population fell about 30% from 2021 to 2024, and nearly 50% from 2002 to 2024, according to the groups ¹². In March, Morris refused to block spring grazing, which typically starts April 1. At that stage he found the groups likely to succeed on claims that the BLM left out baseline population data. He denied the injunction because they had not shown irreparable harm ¹².

Mike Garrity, executive director of the Alliance for the Wild Rockies, said the groups were thrilled by the order ¹. Justice Department lawyers represent the BLM. They did not immediately respond to a request for comment ¹.

What happens next

The BLM must now redo parts of its analysis. Because the judge did not vacate the assessment, the filings reported so far do not say whether grazing must stop in the meantime ¹. Whether the government will appeal has not been reported ¹.

That matters because the ruling holds a land agency to its own science. The agency was told to show the data behind its conclusions, not simply assert them. It is a modest win for the groups, since the judge kept the assessment in place and turned aside several of their arguments ¹.

The Record

1. Nov 1, 2025Three conservation groups sued the BLM over grazing and range projects in Montana's Grasshopper Watershed (suit filed in 2025) ¹².
2. Mar 11, 2026Judge Morris denied a preliminary injunction against spring grazing but found the groups likely to win on missing baseline sage-grouse data ¹².
3. Nov 13, 2026Morris ordered the BLM to address data gaps on sage-grouse and forbs without vacating its 2024 assessment ¹.

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<h2>Judge orders BLM to fix Montana grazing review for lack of sage-grouse data</h2> <p><em>By The GOP Files Courts Desk. This article first appeared on <a href="https://thegopfiles.com/story/judge-orders-blm-to-fix-montana-grazing-review-for-lack-of-sage-grouse-data">The GOP Files</a> on Friday, November 13, 2026.</em></p> <p>A federal judge on Friday ordered the U.S. Bureau of Land Management (BLM) to fix shortcomings in its 2024 environmental review of renewed grazing permits in Montana&#39;s Grasshopper Watershed. The problem, he said, is how the agency handled the vulnerable greater sage-grouse .</p> <p>Chief U.S. District Judge Brian Morris, an Obama appointee, granted in part and denied in part motions from three environmental groups and the government . He did not throw out the BLM&#39;s assessment. He ruled that the agency must include all available data needed for a complete picture of sage-grouse status and population trends in the watershed .</p> <h2>What the judge found</h2> <p>Morris said the law the review falls under, the National Environmental Policy Act, &quot;requires defendants to include all relevant data that supports the conclusions in their EA.&quot; EA stands for environmental assessment . He wrote that the agency seemingly knew, or knew better than it disclosed, the status and trend of the grouse populations .</p> <p>He also agreed with the groups that the BLM left out data on forbs without explanation, which he called arbitrary and capricious. Forbs are plants such as clovers and milkweed that give grouse food and shelter for nests . The BLM must either analyze forb height data or explain why it is not an appropriate measure .</p> <p>The judge rejected some of the groups&#39; arguments. He said the BLM could organize its look at combined effects around specific resource issues rather than individual species, and that the court &quot;will not overly second-guess this choice&quot; .</p> <h2>How the case got here</h2> <p>The Alliance for the Wild Rockies, Native Ecosystems Council and Council on Wildlife and Fish sued in 2025 over approval of grazing, livestock management and range improvement projects in the area . They say the area holds highly valuable habitat for a bird that has declined for decades from habitat loss .</p> <p>Montana&#39;s sage-grouse population fell about 30% from 2021 to 2024, and nearly 50% from 2002 to 2024, according to the groups . In March, Morris refused to block spring grazing, which typically starts April 1. At that stage he found the groups likely to succeed on claims that the BLM left out baseline population data. He denied the injunction because they had not shown irreparable harm .</p> <p>Mike Garrity, executive director of the Alliance for the Wild Rockies, said the groups were thrilled by the order . Justice Department lawyers represent the BLM. They did not immediately respond to a request for comment .</p> <h2>What happens next</h2> <p>The BLM must now redo parts of its analysis. Because the judge did not vacate the assessment, the filings reported so far do not say whether grazing must stop in the meantime . Whether the government will appeal has not been reported .</p> <p>That matters because the ruling holds a land agency to its own science. The agency was told to show the data behind its conclusions, not simply assert them. It is a modest win for the groups, since the judge kept the assessment in place and turned aside several of their arguments .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/judge-orders-blm-to-fix-montana-grazing-review-for-lack-of-sage-grouse-data">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/judge-orders-blm-to-fix-montana-grazing-review-for-lack-of-sage-grouse-data.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. Courthouse News, “BLM ordered to fix environmental assessment for Montana grazing permits” (2026-11-14). courthousenews.com/blm-ordered-to-fix-environmental-assessme
2. Missoula Current (Courthouse News report), “Montana grazing grouse” (2026-03-12). missoulacurrent.com/montana-grazing-grouse/

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