Conservation work means finding common ground around a campfire, at a kitchen table or in a commission meeting. But there are moments when, despite every good-faith effort, the only remaining path forward runs through a courthouse.
For Montana’s hunters and anglers, we believe we’ve reached that point on corner crossing.
Last week, Backcountry Hunters & Anglers, alongside the Public Land and Water Access Association, filed suit against Montana Fish, Wildlife & Parks over the agency’s recent decision declaring
corner crossing unlawful and directing wardens to issue citations for criminal trespass and hunting without landowner permission.
We did not arrive here lightly.
For years, BHA has worked hard to build relationships with landowners, sportsmen, agencies and conservation partners because we believe lasting conservation happens when people work together. The vast majority of Americans – no matter if they stand on the private side of the fence or the public, or the political right, left or center – are in favor of clearly defined access and enhancing our shared public lands.
This lawsuit is not about attacking private property rights. And it is not about attacking the agency. In fact, BHA is currently defending FWP in a separate lawsuit surrounding elk management because we will always stand up for sound wildlife management and the public trust.
This case is about something much larger: whether 871,000 acres of public land can effectively be locked away from the public without legislative authority, public process or clear legal precedent.
For decades, Montana existed in a legal gray area on corner crossing. Wardens were directed not to issue citations because neither the courts nor the legislature had clearly settled the issue. Last year, however, FWP issued internal guidance directing wardens to begin enforcing corner crossing as criminal trespass and trespass to hunt without landowner permission.
That shift happened without public notice, without public comment and without clear statutory authority. We respectfully disagree with that interpretation.
The 10th Circuit Court already ruled corner crossing legal in Wyoming and the rest of its jurisdiction. No Montana law explicitly says corner crossing is illegal, and we believe the public deserves a voice when an agency changes a longstanding interpretation that impacts access to hundreds of thousands of acres of land owned by all of us.
We also believe there is a commonsense path forward.
There is a long history of balancing Montana public access with private property rights in practical ways. We’ve seen that in our stream access laws. We’ve seen it in collaborative conservation efforts across the state.
We extended olive branches. We pursued compromise. We sought clarity directly from the agency. But at the end of the day, protecting public access sometimes requires defending it in court.
Corner Crossing is a core issue for BHA; it should be a core issue for all. Access is the gatekeeper to the creation of future conservationists, hunters, anglers, and stewards of the land.
If you’d like to contribute to BHA’s corner crossing work, here’s how you can help: join or gift a BHA membership, upgrade to a life membership, or donate to BHA today. Your support plays a critical role in BHA continuing to make a united stand for access to our public lands and waters.
Thank you for standing with us across North America, for caring about this work and for continuing to fight for the wild public lands and waters that define who we are.
In solidarity,
Cal
