2—Petitioners’ Prehearing

Brief

Petitioners’ federal court case alleges, among other things, that the

MDOL, has been illegally hazing native buffalo in the Gallatin National

Forest. Hazing is the term applied to the MDOL’s attempts to chase the

native buffalo back into Yellowstone Park. One of the central claims in

that case is that the MDOL has violated the Endangered Species Act

(ESA)by illegally hazing bison in areas that are closed to human activity in

order to protect bald eagles that are nesting in the area. In particular

Petitioners have alleged that the MDOL’s use of helicopters to haze bison
It is noteworthy that there is a history of rancor between the

in the eagle closure areas violates the Endangered Species Act..Petitioners and the MDOL which has been building over the last several

years and arises out of Petitioners close scrutiny and criticism of the

MDOL’s management of the Yellowstone native buffalo herd. This rancorous

history is highlighted by the MDOL’s attempts to prohibit Petitioners’

members from attending a Board of Livestock meeting in July of 2001.

Only after being presented with copies of Montana’s constitutional

provisions and statutes did MDOL personnel allow Petitioners to be

present at the public Board of Livestock meeting. After that meeting,

MDOL personnel essentially forbade Petitioners’ members from asking

questions of state employees. The sour relations between Petitioners and

the MDOL are further punctuated by the MDOL’s refusal to comply with

Petitioners’ lawful requests for public information.

On March 26, 2001, Darrell Geist, Executive Director of Plaintiff

Cold Mountain Cold Rivers, on behalf of all Petitioners, wrote to the MDOL

requesting public information regarding the MDOL’s buffalo management