A lawsuit filed on June 12, by the American Farm Bureau Federation and 11 other groups, challenges the lawfulness of the Bureau of Land Management’s Public Lands Rule, which threatens the future of ranching in the U.S. by destabilizing a decades-old tradition of grazing on federal lands.

Gary Heibertshausen, a sheep rancher in Montana and Farm Bureau member, says access to public lands for livestock grazing is crucial to the success of his ranch. “If Willow Creek Partners could not graze its livestock on federal land, we would be forced to sell our sheep and cease operating as a ranch.”

Heibertshausen and his partners hold six grazing permits covering several thousand acres of federal lands. He is supporting the case, saying the BLM rule creates substantial risk and uncertainty for ranchers, adding, “Under the rule, we can no longer be certain that the public lands on which we currently rely for grazing will remain available for grazing over the coming years.”

BLM issued the final rule in May with a stated goal of increasing the health and resilience of public lands, but a lack of clarity in the rule and changes in policy that are not authorized by law make it unacceptable. The rule also makes it more difficult for ranchers to play an important role in the stewardship of public lands.

AFBF President Zippy Duvall said, “Further restricting grazing on public lands takes us backward not forward because ranchers are delivering a return on the trust placed in them to care for public lands. They are clearing brush that could fuel wildfires, controlling invasive species, and bringing overall health benefits to the land.”

The benefits of grazing range from reducing wildfire risk and slowing the spread of invasive weeds to building robust root systems and spurring forage growth for native species. The misguided Public Lands Rule threatens the important balance our country has achieved on public lands, as well as the future stability of the many ranches that depend on grazing permits.

BLM oversees approximately 245 million acres of property in the West, which amounts to one-tenth of all U.S. land. For nearly a century, farmers and ranchers have worked with the federal government to ensure Western land can be used for both public enjoyment and agricultural use. So the rule changes to the management of public lands have broad implications for agriculture and the future for America’s ranchers.

Since the Montana State Legislature created a taxpayer funded program in the hopes of attracting Hollywood –style business to Montana, the Montana Department of Commerce recently announced $2.6 million in grants to 67 film creations statewide.

The program is called the Big Sky Film Grant program and this year there were 150 projects requesting $9 million in funding.

The Montana Department of Commerce announced that 67 film creations will share more than $2.6 million in subsidies to film on-location productions across the state.

Grants were made available from Feature Film and TV; Feature Film and TV – Resident Only; Short-Form Content; and Short-Form Content – Resident Only categories.

A sampling of some of the recipients include:

—  7030 Entertainment, LLC  – –  $50,000 for the production of “Cold Storage.”

— Attack Team Entertainment Inc.  – –  $50,000 for the production of “Where the Wild Horses Live.”

—  Eat Different, LLC will revive $100,000 for the production of “Inhuman.”

—  FMLY Films, Inc.  – –  $50,000 for the production of “Lunatic.”

—  Hold The Map Productions, LLC  – –  $50,000 for the production of “Breaking the Silence.”

—  Justin Olson, ETC FILM, LLC  – –  $150,000 for the production of “Earth to Charlie.”

—  Last Chance Pictures, LLC  – –  $50,000 for the production of “Good Kids.”

—  Michael Polish, There There, LLC  – –  $100,000 for the production of “There, There.”

—  MMM MT, LLC  – –  $50,000 for the production of “Swimming Hole.”

—  Nathan Norby, LLC  – –  $50,000 for the production of “The Price of Paradise.”

—  Paradise Valley Pictures  – –  $100,000 for the production of “The Gift of the Game.”

— Stillwater Historical Society, Museum of the Beartooths will receive $50,000 for the production of “Moccasins, Mining and Montana’s 34th County.”

“Commerce’s Film Office promotes Montana as a business destination for film production companies to expand production in our state, increase job opportunities, promote small business growth and to promote tourism,” said Paul Green, Director of the Montana Department of Commerce. “These 67 film projects are expected to spend an estimated $35 million in Montana and will bring in productions that will help boost the economies of many rural Montana communities, including Plentywood, Cohagen, Lame Deer, Poplar, Dillon, Clyde Park, Choteau, Pryor, Roberts, Virginia City and Pray.”

The richest in Montana…

Based upon the average net worth of its citizens, the richest city in Montana – not surprisingly —  is Bozeman followed by Whitefish. Belgrade comes in as the third richest – undoubtedly as spillover from Bozeman. Then its Columbia Falls, followed by Billings, Helena, Missoula, Laurel, Livingston, and Kalispell.

Joining the Montana Chamber of Commerce, Governor Greg Gianforte highlighted recent investments to improve Montana’s business climate at the Big Sky, Bright Futures Economic Summit in Bozeman.

“With record business creation and more Montanans working now than ever before, it’s clear Montana’s economy is on the move,” Gov. Gianforte said. “Thanks to our pro-business, pro-jobs policies we’re welcoming investment across all industries. We’ll continue to cut red tape and make Montana an even better place to do business and create new opportunities for Montanans.”

Talking with Montana Chamber President and CEO Todd O’Hair, the governor outlined his priorities to continue lowering taxes, reducing red tape, attracting new businesses, building the workforce, and addressing Montana’s housing shortage.

Last spring, the governor was proud to deliver the largest tax cut in state history, providing income tax cuts for Montanans at every level, as well as immediate and long-term property tax relief.

Since taking office, Gov. Gianforte has prioritized investments to develop a highly-skilled, highly-qualified workforce. In 2023, the governor nearly doubled the Montana Trades Education Credit, offering employers credit for employee education and training and expanded work-based learning opportunities for Montana students.

In addition, the governor has reformed the state’s tax code to promote business investment and job creation, attracting businesses from around the world to Montana.

And to meet the growing demand for housing, the governor last October reconvened his Housing Task Force following a historic legislative session for pro-housing reforms that some have dubbed the “Montana Miracle.”

“This is a pivotal moment for business in Montana,” said O’Hair. “Companies are increasingly drawn to the unique opportunities Montana offers, making our state a prime destination for growth. To sustain this momentum, we must address key challenges like housing and childcare.”

Gov. Gianforte talking with BHE Montana President Nancy Murray at the Big Sky, Bright Futures Economic Summit in Bozeman

Wrapping up the afternoon, the governor also highlighted his focus on Montana’s all-of-the-above energy policy in a fireside chat with BHE Montana President Nancy Murray.

As a subsidiary of Berkshire Hathaway Energy, BHE Montana earlier in the day announced their latest investment in two new renewable energy projects in Montana.

The first, a 100-megawatt solar project on 1,000 acres of land in north central Montana. The installation of 200,000 solar panels is expected to add 100 megawatts to the grid by 2026. And the other, a 75-megawatt battery in Ethridge to store energy from BHE Montana’s wind and solar generation assets by 2025.

“We are incredibly excited to build upon the significant investments we’ve already made to further develop energy resources in Montana,” Murray said. “These new projects reflect our commitment to grow our business in Montana and support the growth of local businesses and communities that rely on a clean and resilient energy grid.”

Gov. Gianforte added, “Montana continues to be on the cutting edge of innovation, including in our energy sector. We will continue to embrace our all-of-the-above policy to address energy affordability and grid reliability and gladly welcome this investment from BHE Montana.”

Creating the best environment for business and more opportunities for Montanans is a top priority of the Gianforte administration.

By Steve Wilson,The Center Square

A federal judge has issued an injunction that put a temporary hold on new Title IX rules issued by the Biden administration.

U.S. District Court Judge Terry Doughty issued the order in a lawsuit brought by the states of Louisiana, Mississippi, Montana and Idaho. The injunction keeps the final rules from going into effect pending a review by the U.S. District Court of the Western District of Louisiana. 

The new rules finalized by the Department of Education and which are supposed to go into effect Aug. 1 expand the definition of sex discrimination to include gender identity and pregnancy, but the agency didn’t issue any rules relating to transgender athletes. Among the changes include a prohibition on single-sex bathroom and locker rooms and requirements that a school use pronouns based on a student’s preferred gender identity.

Doughty said in the order that the new rule violated the free speech and free exercise clauses of the First Amendment along with the spending clause and “is arbitrary and capricious.”

The judge also said in his ruling that for one of these injunctions to be issued, the plaintiffs must show a substantial chance of success on the merits of their case, a threat of irreparable harm that must outweigh any that would result if the injunction weren’t issued and it must be in the public interest. Doughty said the plaintiffs did so successfully. 

Doughty also said that the plaintiffs were able to prove that the harassment standard created by the rule is contrary to Title IX and he said they “made compelling arguments for how it can violate the free speech right of the First Amendment.”

Louisiana Attorney General Liz Murrill, who brought the Title IX lawsuit, praised the ruling. 

“This a victory for women and girls,” Murrill said in a statement. “When Joe Biden forced his illegal and radical gender ideology on America, Louisiana said NO! Along with Idaho, Mississippi, and Montana, states are fighting back in defense of the law, the safety and prosperity of women and girls, and basic American values.”

Title IX prohibits educational institutions that receive federal funds from discriminating on the basis of sex in both educational programs and activities.

Federal courts have already acted against the Biden administration’s rules. 

U.S. District Court Judge Reed O’Connor granted the state’s motion for summary judgement in a case over a mandate issued by two federal agencies before the administration amended Title IX to redefine biological sex to include “sexual orientation” and “gender identity.” 

He also denied the Biden administration’s request to dismiss and vacated the guidance nationwide and issued a permanent injunction against its enforcement in Texas.

By Bethany Blankley, The Center Square

Attorneys general from multiple states for years have been petitioning courts and suing to block federal agency rules from going into effect, arguing the agencies promulgating them are exceeding their statutory authority. The latest petition makes a similar argument about a final rule issued by the U.S. Department of the Interior’s Surface Mining Reclamation and Enforcement Office (OSMRE) related to state regulatory oversight of coal mining.

Fourteen attorneys general filed a petition for judicial review with the U.S. District Court for the District of Columbia asking it to vacate the rule they argue seeks to strip states of regulatory authority delegated to them by Congress and the U.S. Constitution.

The petition was filed by the attorneys general of Indiana, West Virginia, Alabama, Alaska, Arkansas, Kentucky, Louisiana, Montana, North Dakota, Ohio, Texas, Utah, Virginia and Wyoming. Several state agencies are also petitioners.

Secretary of the Interior Deb Haaland, two OSMRE directors, and both federal agencies were named as respondents.

The petition argues the rule, which went into effect May 9, exceeds Haaland’s statutory authority, is arbitrary, capricious, an abuse of discretion and inconsistent with law. The AGs asked the court to declare the rule unlawful, vacate it and grant temporary relief pending the outcome of litigation.

The OSMRE Final Rule amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA), which gives states exclusive jurisdiction over regulating surface coal mining and reclamation operations with few exceptions. It also gives states the sole authority to issue permits and bonds; states also inspect mining sites and enforce regulatory requirements. The SMCRA only applies to non-federal and non-Indian land.

The law limits the Interior secretary’s mining regulatory authority with two exceptions: the secretary is authorized to issue a “Ten-Day Notice” to state regulatory authorities if there is “reason to believe” a regulatory violation exists and to take over a state regulatory program if the state fails to enforce it.

The OSMRE explains that it amended the law in its rule change to limit the sources of information to determine if a possible violation exists. It also changed its definition of “reason to believe,” which it says “is supported by its legislative history.” The OSMRE also said it made the changes because it “observed instances in which requesting and considering information from” state regulatory agencies resulted in delays.

It made the claim after the Interior secretary and OSMRE officials previously acknowledged that delays occurred at times because state regulatory agencies needed weeks or months to perform complex investigations, including because of inclement weather, the lawsuit notes.

But the real reason OSMRE officials changed the definitions of the exceptions was to limit states’ rights, the AGs argue. The final rule “is dismissive of consequences for federalism,” the complaint states.

Indiana Attorney General Todd Rokita, leading the coalition, said, “Simply put, this new rule is unlawful.” It intrudes on the states’ “rightful authority under the American system of federalism. We’re suing to uphold the proper balance of power between the individual states and the federal government and to prevent another unjustified assault by the Biden administration on coal.”

The rule “proposes to overthrow the Act’s deference to States” by issuing ten-day notices, the complaint states. It also subjects “state decisions over which the Act affords States exclusive jurisdiction, such as permitting decisions, to federal oversight through ten-day notices.”

OSMRE also “seeks to make the federal government the regulator of first resort,” stripping states of their regulatory authority, the complaint states.

The rule eliminates a key requirement that citizens must first contact state regulators with concerns before they can contact the federal government. It also imposes “inflexible, arbitrary timelines on states to complete complex investigations without regard for facts on the ground, setting up federal regulators to swoop in,” the complaint states.

The AGs represent state regulatory agencies that oversee surface coal mining operations and are responsible for enforcing the SMCRA within their states. They also pointed out that these agencies received positive reviews from OSMRE officials.

Last year, OSMRE officials said Indiana’s Department of Natural Resources “administers its program in a way that effectively protects citizens and the environment from adverse impacts resulting from surface coal mining activities,” Rokita said.

OSMRE officials also said Montana’s program “had no regulatory problems” and Montana “takes citizen complaints seriously,” Montana AG Austin Knudsen said. OSMRE found “Montana DEQ appropriately responded to complainants in a timely manner consistent with applicable rules.”