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Wild horse battles are continuous on and off the range Photo by Carrol Abel
U.S. District Court Judge Paul Friedman denied a request for preliminary injunction which would have barred the Bureau of Land Management from implementing the capture of roughly 2,700 wild horses from the Calico Complex in Northern Nevada.
William J. Spriggs, attorney for plaintiffs, In Defense of Animals, Craig C. Downer, and Teri Farley argued the BLM lacks statutory authority under the Wild Horse Act to institute the gather and therefore it must be set aside. Court Documents say the request for relief, "is unlikely to succeed" therefore a preliminary injunction is denied. The importance of Judge Friedman's decision does not end there.
Perhaps the most important part of the decision keys on the placement of excess horses in long term holding facilities located in Oklahoma, Kansas and South Dakota. The Free Roaming Wild Horse and Burro Act provides for the disposition of excess horses allowing adoption, and humane euthanization. The infamous Burns Amendment of 2005 added a "sale authority" clause which allows for a quick turnover of title from BLM to buyer. The results end too often in transport to slaughter. The law states, however,
Nothing in this chapter shall be construed to authorize [the agency] to relocate wild free roaming horses or burros to area of the public lands where they do not presently [1971] exist."
In his discussion of case merits, Judge Friedman speaks of the level of management involved in such holding facilities, "...the use of long term holding facilities runs counter to the statute's mandate that the agency's management of wild horses occur at 'minimal feasible level' " Friedman quotes the following Senate Report :
The management of wild free roaming horses and burros [should] be kept to a minimum both from the aspect of reducing costs of such a program as well as to deter the possibility of zoo-like developments..."
"Such a large number of confined horses raises precisely the specter of the 'zoo-like developments' whose formation the act was meant to prevent." noted Friedman.
Court documents point out that for most of the last 20 years, Congress has expressly disallowed the use of appropriations for the destruction of healthy unadoptable horses or burros or for any sales that result in such. The 2010 Appropriation Bill passed this year follows suit. BLM attorneys pose that Congress' refusal to allocate funds to euthanize the horses constitutes acknowledgment of the fact that they are placed in long term holding.
" In the face of such a dilemma," said Friedman, " the agency's best option might be to postpone the gather - but that is a decision for the agency charged with implementing the dictates of the Wild Horse Act, not this Court." BLM officials have opted not to take this advice. The roundup will continue as planned.
Judge Friedman is clear on his opinions even though the laws are not. The Court is receptive to expediting the resolution of these issues before the 60 day roundup is concluded.
In response to all press inquiries, BLM reiterates their reason for the gather then states, "This situation is yet another clarion call to develop and implement a long term solution to the challenges we face concerning wild horses and burros on our public lands."
In an exclusive interview with Examiner.com, William Spriggs Esq. summarizes the ruling , " He ruled on that point because this was at the preliminary injunction stage and the other side had complained that they didn't have a chance to brief him yet. So what he does at this preliminary stage is made it quite clear how he intends to rule unless the BLM files something that changes his mind... He has made it quite clear that the long term holding facilities are illegal." said Spriggs.
A post on In Defense of Animals website reads as follows:
Advocates are now calling on President Obama to give the horses a holiday reprieve after filing complaints with the Department of Interior and White House Office of Environmental Quality (CEQ) alleging multiple violations of the National Environmental Policy Act (NEPA)."
And so the gather continues as does the lawsuit.
Comments
It's way too early for BLM to do the happy dance. I wish Judge Friedman had approved the injunction, but he did find merit in our argument that the BLM had no legal authorization to stockpile horses. And, he suggested they might want to postpone the roundup until they figure out what they're going to do with another few thousand animals.
We've appealed to the Interior Board of Land and filed a complaint with the White House Council on the Environment because of BLM's NEEPA violation. They failed to adequately access the impact on the range.
We're hoping for a Christmas reprieve from Obama.
Thanks for spreading the word.
Terri
To move the Court in the wild horses favor can only be accomplished by proving the BLM numbers are erroneous and arbitrary, AND a threshold number must be established by reputable science that will preserve a viable gene pool regulated by survival of the fittest and natural selection, despite the conditions of the range. The very adaption of wild horses in less then optimum conditions is what makes them wild horses in the first place. But even mankind may be dependant on wild horses for our own survival. 100 years ago we had no oil and horses LESS then 100 years we may have no oil or horses. The future may be found by looking back to a time before oil.
Terri - A big fat THANK YOU for stepping up and being a plaintiff is this lawsuit. Courage and commitment are clearly on your long list of attributes.
First off in response to your 1st reference to the law.. Read it again - it talks about relocating to PUBLIC LANDS where they were not found so your argument about the long-term holding pastures in the MID west being illegal is bogus and to Terri Farley (a plaintiff in the suit) it's not NEEPA it's NEPA "National Environmental Policy Act" which clearly documents the actions of the BLM (and other agencies)- it's a wonder that the public isn't furious with YOUR waste of tax payer money everytime you have the frivilous lawsuits.... I thank the BLM for putting the horses AND ALL other wildlife and domestic livestock interests first!! Terri, have you EVER seen a starving wild horse?? (look at the Jackson Mountain issue - you sue to stop gathers and boo-hoo when the BLM "waits" to gather... what is it you really want??). It's a wonder you types keep losing these frivilous lawsuits....
I say we contact Judge Friedman! if he is in charge!
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