UPOM v. FWP: Montana Court Upholds Public Wildlife Management

The case of United Property Owners of Montana (UPOM) v. Montana Fish, Wildlife & Parks (FWP) has become a landmark dispute over elk management, private land rights, and the future of public hunting in Montana.

Filed in 2022, UPOM’s lawsuit claimed FWP had failed to control elk populations and demanded drastic measures—including culling up to 50,000 elk and giving private landowners more control over hunting access.

In response, a coalition of conservation and hunting groups—represented by Rob Farris-Olsen of Morrison Sherwood Wilson Deola, PLLP—intervened to defend the state’s authority and Montana’s public trust doctrine, which holds that wildlife belongs to all citizens.

In a series of rulings through 2024, Fergus County District Court Judge Gregory Todd sided with FWP and the intervenors, rejecting all of UPOM’s claims. The court found:

• Elk overpopulation issues were largely due to landowners refusing public hunting access—not agency mismanagement;

• FWP’s regulatory authority was lawful;

• The game damage assistance statutes were constitutional, and landowners do not have a property right to control or kill wildlife on their land.

The final order, issued in September 2024, closed the case at the district level. However, UPOM has indicated it will appeal to the Montana Supreme Court.

Why It Matters

This case tests the balance between private property rights and the public’s right to access and enjoy wildlife. A ruling in UPOM’s favor could shift wildlife management toward privatization, while a victory for FWP and the intervenors would reaffirm the principle that wildlife is a public trust.

The Montana Supreme Court now holds the final say—and its decision could shape the future of elk management statewide.