3—Buffalo Field Campaign Petition for Writ of Mandamus
Yellowstone’s wild buffalo herd by the MDOL and other State and Federal agencies. CMCR is
also a news organization whose purposes and activities include data-gathering and distribution of
information to its members and the public in general. As part of its work, CMCR has been seeking
information, on behalf itself and Co-Petitioners, from the Montana Department of Livestock about
buffalo management, helicopter and other methods of buffalo hazing, including times and places of
hazing, and brucellosis testing, among other information. CMCR, like the other Petitioners, has
consistently and systematically been denied access to public information, and has at various other
times, been provided incomplete information.
The preceding paragraphs are realleged as though set forth in full hereunder.
Jurisdiction is proper in that Petitioners seek a Writ of Mandamus pursuant to § 27-
26-101, et seq., MCA. The Montana Department of Livestock has a clear legal duty under the
Montana Constitution and statutes to provide the information requested, and there is no “plain,
speedy or adequate remedy in the ordinary course of law.” See § 27-26-102, MCA.
Venue in the Montana First Judicial District Court, Lewis and Clark County is
proper pursuant to § 25-2-126, MCA, in that this is an action against the State of Montana.
The preceding paragraphs are realleged as though set forth in full hereunder.
On March 26, 2001, Darrell Geist, on behalf of CMCR and the other Petitioners,
wrote to the MDOL requesting public information regarding MDOL’s activities associated with
management of the Yellowstone wild buffalo herd. The request sought information relating to
helicopter hazing of Buffalo on the Horse Butte Peninsula, including flight logs and flight plans,
narratives regarding buffalo management activities and impacts on bald eagles and their habitat in
the Horse Butte area, information regarding consultations between the MDOL and other federal
agencies as required by the Federal Endangered Species Act, information regarding the
development of the 1999-2000 and 2000-2001 Annual Operation Plans that were required by the
U.S. Forest Service and contacts with the Forest Service regarding development and approval of
