Wild Horse Lawsuit to Go Forward!!!

A federal judge sided with wild horse advocates April 19 when he declined to dismiss their lawsuit claiming that a Bureau of Land Management (BLM) round up of approximately 2,000 animals from the Twin Peaks Herd Management Area near Susanville, Calif., was unlawful.

On July 15, 2010, attorneys Joseph Cotchette, Stuart Gross, William Spriggs, and Rachel Fazio filed the complaint in U.S. District Court for the Eastern District of California on behalf of ecologist Chad Hanson; Barbara Clark, founder of the DreamCatcher Wild horse and Burro Sanctuary; Linda Hay; and the animal advocacy group In Defense of Animals. The complaint alleges that the gather violates the Wild and Free Roaming Horses and Burros Act of 1971 because it endangers horses. The Act protects mustangs and burros from harassment, capture or death, and places the animals' management under BLM jurisdiction.

The complaint also alleges that BLM violated the National Environmental Policy Act. That Act requires federal agencies to consider environmental impacts of their proposed actions and offer to reasonable alternatives to those actions. The complaint alleges that the BLM failed to prepare an environmental impact study demonstrating that animals residing in the Twin Peaks management area exceed levels appropriate to maintain that range's ecological balance, and that the agency failed to offer alternatives to the gather for maintaining such an appropriate ecological balance.

The BLM sought the suit's dismissal on grounds that the case was moot because the gathers had already taken place.

On Tuesday, U.S. District Court Judge Morrison C. England Jr. declined to dismiss the case, said a spokesperson for the court's clerk.

The Horse

Las Vegas Rally for Wild Horse Preservation April 25

From: artistfromafrica@hotmail.com
To: dgrizzle@pdglv.com
Sent: 4/23/2010 11:42:38 A.M. Pacific Daylight Time
Subj: come to wild horse rally Sunday called DON'T TAKE MY BALLS

PLEASE COME OUT NOON SUNDAY TO RALLY FOR THE CALICO STALLIONS - MEET AT THE RED ROCK SCENIC OVERLOOK. We are spray painting tennis balls red and suspending them from lariats - and signs will be provided for you. If we have enough people, we'll put a second group in front to the RED ROCK entrance so do come out.

If you cannot come, please put the information below on your facebook and twitter pages. The achey, shakey geldings at the Fallon holding pens thank you!



DON'T TAKE MY BALLS!
Las Vegans will rally in sympathy with the young stallions under 4 years of age that were painfully castrated last week by the BLM at the Fallon Nevada holding pens. If the BLM wins the federal lawsuit by In Defense of Animals, they will castrate all the remaining mature stallions from the Calico roundup. The BLM has severely limited public access to the captive Calico horses despite public demands for transparency.
We will hang blood-red balls from lariats and circulate petitions asking President Obama to rein in the BLM, an outdated agency and friend of welfare cows. Below see poster by Melissa Ohlsson.

WHERE? RED ROCK CANYON SCENIC OVERLOOK ON HIGHWAY 159, from Las Vegas Strip, go west on Charleston, past the 215 Beltway and Red Rock Canyon entrance gates

WHEN? SUNDAY APRIL25, 2010 from NOON to 2pm

WHY? Castration is a way of wiping out the gene pool of the mustangs that have unique bloodlines adapted to their specific area. Pictures of the castrated horses taken by Craig C. Downer appear below.

BACKGROUND? In January 2010, the Bureau of Land Management (BLM) conducted a deadly roundup of 1922 wild horses from the CALICO MOUNTAINS COMPLEX in northwestern Nevada, despite a federal lawsuit underway to stop the roundups and the recommendation of the federal judge that BLM should NOT conduct a roundup in the dead of winter. The Calico horses were not starving and had not damaged the public range, meanwhile the BLM sharply increased the number of private cattle allowed to graze at subsidized cost on the horses' range. Stress and trauma lie behind the majority of the 86 wild horse deaths (to date) and 40 spontaneous abortions, a report issued today by the American Wild Horse Preservation Campaign (AWHPC) concludes. AWHPC notes the expense of the Calico roundup which will cost taxpayers at least $1.3 million through April, and $1 million a year to warehouse the non-adoptable horses over their 20+ year lifespans. This costly policy, which relies on expensive roundups every four years, is pursued while cost-effective, on-the-range management strategies are ignored.

CONTACT PERSON? ARLENE GAWNE (702) 277-1313 artistfromafrica@hotmail.com

FOR MORE INFORMATION, see:
American Wild Horse Preservation Campaign
The Cloud Foundation press releases
News Story on Calico, rising death toll & skewed numbers from George Knapp (KLAS- Las Vegas)
BLM Daily Reports from Calico Roundup/Fallon Holding
American Herds
Mestengo. Mustang. Misfit. America’s Disappearing Wild Horses - A History

Roundup Schedule- updated February 2010

Don't Care About Wild Horses?...Maybe You Care About Your Pocketbook??

Grass Roots Horse.com
thecloudfoundation | April 19, 2010 at 7:45 pm | Categories: Uncategorized | URL: http://wp.me/pDfE4-Ho

A great new site to foster grassroots activism to protect and preserve our wild horses and burros in the wild--- online here

From the site: "We are individuals who care about the issues and want to join together to take concrete, measureable steps to make a difference. Grassroots activism is a time honored tradition that has stood the test of time. Let’s put it to work for our Horses. Join with us. E-mail us at volunteer@grassrootshorse.com"

An Editorial - Simple as That.......

________________________________


The BLM, Ken Salazar & Wild Horses

An Editorial

________________________________

By Robert A. WINKLER
The Desert Independent

April 6, 2010

We have taken an interest in the Wild Horse issue. This symbol of the west where we live, work, raise our children and sometimes try to remember a time when fences, freeways and politics didn't rule the land.

Unfortunately money has always spoken louder than good sense. Some would say good horse sense. And in this case it is the horses who have been knocked senseless by Department of Interior head, Ken Salazar and his Bureau of Land Management (BLM).

If you have been reading our articles (See the accompanying article and check out our Archives.), you know the detail of the horrors the BLM has inflicted on this noble animal. You also know that this has been done at great expense to the American taxpayer. Why? Follow the money as they say. There is only so much land. The horses are competing with moneyed cattle ranchers. It doesn't take a degree from an Ivy League University to figure out who is going to win out on that range.

Oh yes, the BLM has come up with lots of reason the horses have to go. They all dry up in the desert wind, like made up stories by a child trying to get out of doing something wrong.

Simple as that.

Simple as that.

We at The Desert Independent therefore say to the BLM, shame on you.

You have not discharged your duty to your country.

You have not discharged your duty to its citizens.

You have not discharged your duty most importantly to the now helpless horses in your charge.

Ken Salazar, you and the BLM have hidden yourselves away from the light of the public eye. And, apparently for good reason. What you have done and not done. What you are doing would never withstand public scrutiny.

You must ask yourselves, who works in the dark?

The answer is clear.

To Friends of the Wild Horses and Burros - Pray!!

To Friends Of The Wild Horses And Burros:

Please join a national prayer network to save the last of America’s wild horses and burros. There are only a few left, and there is no indication that other efforts to save them will be fast enough.

To join others in a national prayer network, make a commitment to the horses and burros to pray for them every day for two weeks. Pray from the heart and with your deepest love. Then ask from 2 to 6 friends who want to help to do the same. This should create a large network.

This has no formal organization, no leaders, and costs nothing. Please help, they need us desperately.


Mary Anne Fleetwood
maryannefleetwood@access4less.net

American Herds Alert - US Forest Service

----- Original Message -----
From: Vicki Tobin
To: Vicki Tobin
Sent: Friday, March 19, 2010 8:33 AM
Subject: American Herds Alert-US Forest Service

Hi! I spoke to Cindy last night and she is trying to work on an article but asked me to pass along some preliminary info. I was furiously taking notes and hope I got everything….

The US Forest Service is going to be issuing an EA and EIS for 11 territories. The announcement was made on February 24 but they are not allowing the 30 day comment period contrary to federal register protocol. Her understanding is they are going to issue their decision WITH the EA. Not only that but they are doing the EA before they complete the EIS for livestock grazing. Comments on the EIS are due by March 22.

In addition, their AMLs must be in line with BLM AMLs. Apparently, the BLM has issues because the horses are intermingled and because in the winter, the wild horses are on Forest Service land in the mountains and then come down to BLM land in the summer. They don’t want the AMLs set for only the mountain areas because they’ll ruin the ranges – same ol’, same ol’.

She also mentioned that they are using old maps. Really old maps. Several of the herd areas no longer exist or have been renamed so you know the numbers are going to be inflated.

Of most concern is that the management plan will remove public access during round-ups.

Here’s a link with some information on the EIS

Stay tuned for more info from Cindy. If anyone has additional info I can pass along, send it my way.

Thanks.

v

The Old Mare Has Died

What follows is a beautiful tribute to one of the original Sulphur Springs Mares by their caretaker and photographer, Key Levie:

"The Old Mare Has Died

March 14 & 15, 2010

She was the only mare not in foal when the mustangs arrived a little over a year ago. You could tell she was very old so I gave her the name La Vieja, The Old One.
Her days were spent somewhat solitarily, not making friends or taking an interest in the new foals arriving almost on a weekly basis. And yet, she had a dignity about her, but also a sadness. Perhaps she knew her days were short or her spirit had been damaged from the trauma of the round up and the loss of the only home she had ever known, the hills, canyons and sage covered mesas of western Utah. While the other mares with their new babies adjusted to life in their temporary desert sanctuary, the old one seemed to decline into a depression that drained her life away and she wandered off to die alone yesterday.
The days leading up to her death evidenced her decline and I knew yesterday that the end was near. And the babies sensed it too, a new experience encompassing the ebb and flow of life. I watched as Uno, the oldest of the foal crop, approached the mare who was standing dejectedly with ears drooping. The old mare had never let the foals touch her or acknowledged them other than to chase them away from her food with ears pinned and teeth snapping. But this day, Uno was ignored as she tried to make the mare move. Then, giving up on that effort, nibbled on her gently and lovingly. Soon she was joined by Dos, the black colt with the strong Barb characteristics. Working together, they encouraged the mare to move into the shade of the trees by the water trough. The two youngsters then scampered off to find other adventures and the old mare spent the better part of the day standing in the shade.
As I went about my chores, I glanced at the mare now and then. Later in the afternoon, I saw that she was no longer under the trees. Looking around, I finally saw her several hundred feet out in the five acre paddock. She was down and not moving. With foreboding, I made my way over to her followed by all nine babies. As we approached, the mare raised her head and I back off, not wanting to frighten this still wild horse. But the babies stayed there, gently nudging her or just watching. Soon they were joined by some of the other mares and all stood around her quietly. After about an hour I saw the old mare go into her death throes, frightening the babies but they didn’t run away. I know animal lovers are often criticized for attributing anthropomorphic qualities to animals. But what I witnessed was as touching and poignant as any family group around the deathbed of a much loved member of the family.
Today, the guy with the backhoe came and buried the old mare where she lay. They said the babies kept coming over to watch and this evening I see them out there looking at the ground under which she lies and they are more subdued than is usual. There is a quietness over the whole herd, a palpable somberness. I can’t help but feel that we as humans greatly underestimate the depth at which animals feel. There is much we can learn from them if we can just take the time to stand back and observe. I grieve for the old mare but am grateful that her last days were spent in comfortable, beautiful surroundings rather than in a filthy desolate holding pen where no one cared.
Kay Levie"

Protest Over Calico Mustang Roundups and Denial of Public Access to OUR Horses

Free the Calico Mustangs
We call on you to call on behalf of the Calico Mustangs. Your calls, letters, email and faxes are working! Please keep it up.
Public Viewing of Incarcerated Mustangs Denied
Despite the enormous cost to the American taxpayers and the controversial nature of the roundup, the BLM and the Department of Interior (DOI) are denying requests for independent humane observers during the processing of nearly 1900 mustangs over the next few months in preparation for their long term holding or adoption. During this dangerous time for the mustangs, the public are being denied an opportunity to view BLM running the animals through alleyways and into chutes where they will be freeze-branded, inoculated and neck-tagged.

49 horses have died as the result of the roundup. This does not include the 30 plus mares who have aborted their late-term foals in the feedlot style corrals in Fallon, Nevada. The 4% death rate is over eight times the BLM expected level for a helicopter roundup. Foals are now being born in the pens and the public is not permitted to confirm young, sick and old animals are being humanely treated in a timely fashion.
Mustang Outrage Protest

President Obama is expected to arrive in Las Vegas, Nevada, just when Interior Secretary Ken Salazar is asking Congress for over $60 million dollars mostly for more roundups and over $40 million to buy farms in the East to warehouse the wild horses the BLM has condemned to captivity.

In memory of Freedom, the Calico mustang who leapt a high pen wall and burst through barbed wire to freedom, a Mustang Outrage protest is being held today in Las Vegas starting at 1:30 pm in front of the offices of Senators Ensign and Reid, on the steps of the Lloyd D. George Federal Courthouse, 333 S. Las Vegas Building, Las Vegas NV. Banners will then be carried to over 40 locations across the entire city of Las Vegas so the public can see our Mustang Outrage!

Take Action

Support the Mustang Outrage Protest happening today in Las Vegas.

Please call the White House Comment Line: 202 456 1111 right now.

Ask OBAMA for a Presidential Pardon for the Calico Mustangs.
Set them FREE!!

Return the CALICO MUSTANGS
to their ANCESTRAL RANGE NOW!

You may also ask the President to 1. call an immediate halt to all wild horse and burro roundups and 2. call for a Congressional investigation into BLM practices in connection with its management of the Wild Horse & Burro Program.

If you cannot telephone, please email the President. Fax the President at 202-456-2461.

For more information, please see Tuesday's Horse.

Thank you everyone.
Carol Poole
Wild Horse & Burro Advocacy Team

View this Message on the Web

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If Citizens Ran the Feet Off Wild Horses..........

if citizens ran the feet off of wild horses they would rot in jail.

http://www.barndoorstudio.com/id25.html

Hope Springs Eternal (A Eulogy) By Laura Leigh
written 2/1/2010
HOUSTON, (Horseback) – On January 22, 2010 I was given a tour of the Fallon holding facility after my observation days (Calico gather) had been cancelled by weather twice.
I had witnessed the gather on January 16, and met Gene Seidlitz (Winnemucca district manager) and Heather Emmons, both of the Bureau of Land Management. Both appeared to be very willing to accommodate and provide access in as transparent a manner as possible Gene spoke to me many times about the concept of finding areas for dialogue and co-operation. I had hoped to write an article based on that concept.
On January 22, Seidlitz and Lisa Ross, BLM public relations coordinator for Calico gather met me at the agency’s Fallon facility. John Neill is acting BLM manager at Fallon. I was given free access to photograph and ask questions. I was also allowed to videotape the “hospital” facility at Fallon. I soon saw a row of small pens near the entrance to the facility next to the area being built to process horses. The plywood for windbreaks was stacked but not installed.
The pens held mostly foals and a few mares. Each horse I saw demonstrated some form of lameness. Many had bandages on their legs. Of particular concern was a foal that would not rise when approached.. His eyes were glassy.
Over the next few days I made several attempts to gain information about that foal. I sent e-mails to Gene, Lisa, and John. I was told the foal was up the very next day and doing well. Information I found hard to believe because I did not think he would even make it through the night. I requested a vet report and was told I would have it as soon as one was available. I requested that the foal be released to me and I would facilitate his placement into a facility that could properly care for him. The request was denied, the BLM saying it was not needed.
I named him “Hope Springs Eternal.” I began to make inquiries to find a facility to bring him to. He would have a home.
Several more conversations with John Neill continued to assure me the foal was fine. John said he was busy and if I did not get the vet report to please call him again.
I called today. I was told the vet report is online. It’s not. He was euthanized Saturday because his hooves had begun to slough.
My emotions are many:
So much for a timely exchange of information. So much for the concept that the “guys on the ground” are any different than the guys in DC, something they want you to believe. So much for the idea that co-operation toward problem solving with the best interests of the horses at its heart will ever be a reality. So much for “ Hope Springs Eternal.”
The baby I saw on January 22 was in incredible pain to the point that, as a wild animal, he could hardly lift his head as a strange human, a potential predator, approached. All the others rose and limped away. This baby languished in that facility with no windbreak in agony. A baby that had a chance if the humans involved could have attempted to create an opportunity to work together. Releasing that foal would have cost the BLM nothing… and maybe created the sensation that somewhere in this madness a spirit of humanity could overcome this battle of obstinate adherence to outdated bureaucratic protocol. I had “Hope.”
Little spirit you are now free of this administration’s unwillingness to recognize your worth. “Hope Springs Eternal,” rest in peace. You are loved.

Letter from Senator Barbara Box RE: Wild Horses

Dear Ms. Lawrence:
Thank you for writing to me regarding the management of the wild horse population on our public lands. I appreciate hearing from you and share your concerns.
As a long-time supporter of wildlife conservation, I am strongly opposed to any proposals that would destroy or harm our wild horses and burros.
The U.S. Bureau of Land Management (BLM) has considered various controversial options in its effort to control the increasing numbers of wild horses and burros. Among these options are the use of euthanasia on healthy animals and the unconditional sale of older horses that have been unsuccessfully offered for adoption. Destroying these magnificent animals is never a viable management option, and the sale of horses without limitations could lead to horse slaughter, which is also unacceptable.
The BLM should more seriously consider more humane solutions such as improving the adoption program, exploring the use of contraceptives or sterilization to reduce herd sizes, or securing additional funds for an appropriate management program that would ensure proper care for these animals.
I also support legislation to expand the range where wild horses could roam freely, enhance the adoption program, encourage the use of non-lethal methods to reduce herd size, reduce the time a horse spends in a holding pen, and prohibit the euthanization or sale for slaughter of wild horses. On July 17, 2009, the House passed the Restore Our Wild Mustangs (ROAM) Act (H.R.1018), which seeks to accomplish all of these objectives. This bill has been referred to the Senate Committee on Energy and Natural Resources.

In addition, I believe strongly in a permanent ban on horse slaughter. That is why I am proud to be an original co-sponsor of the Prevention of Equine Cruelty Act (S.727) to prohibit the transport, export, or sale of any horse to be slaughtered for human consumption. I look forward to working with my colleagues to enact the Prevention of Equine Cruelty Act.
Thank you again for contacting me about this important issue. Rest assured that I will continue to support efforts to maintain the integrity of wild horse and burro populations on our public lands.

Barbara Boxer
United States Senator


Please do not respond to this message. If you would like to comment on legislation, please visit my website and use the correspondence form

262 Million Acres and Salazar (BLM) Can't Find A Place for Wild Horses?!?!?

262 Million Acres and Salazar Can’t find a Place for Wild Horses?
CHICAGO, (EWA) – The Los Angeles Times printed a guest column today by Department of Interior (DOI) chief and former rancher, Ken Salazar, aimed at rationalizing the unnecessary removal of America’s wild mustangs and burros from their vast ranges.

Equine Welfare Alliance’s (EWA) John Holland commented, “The opinion piece is an attempt to spin the growing outrage and coast to coast demonstrations which have taken place over the past few weeks.”

An EWA announced protest will take place on January 17 in New York City from 1pm-3pm at Columbus Circle (59th St at Central Park S-corrected address). Two other protests are planned for January 18 in Reno from noon-3pm at South Virginia Street and South McCarran Boulevard and January 21 from 11am-1pm at the California State Capitol building.

Salazar falsely states that in the 1960s, the wild herds of the American west were on the verge of extinction, prompting Congress to pass the 1971 Wild Free-Roaming Horses and Burros Act. In fact, much like today, legislators in Washington tardily passed the law after the heroic work of a Nevada woman named Velma Johnson and hundreds of thousands of protesters applied enough pressure to get the Congress’ attention.

Today, it is the DOI on Salazar’s watch that is entrusted to protect the wild herds but instead, is now the driving force managing the wild herds to the verge of extinction. Why? Because Salazar’s rancher friends need more land to graze their 7.5 million cattle which now have to compete with only 30,000 wild horses.

Many herds have been zeroed out, rounded up and are now held captive in pens on private land that the American public, who pays for their upkeep, are not allowed to view.

The small numbers of horses that have been returned to their lands after round-ups have received birth control and with such small numbers are destined for extinction. There are currently more wild horses being held captive than remain free-roaming with those remaining in the wild rapidly becoming genetically bankrupt and unable to create future generations.

Salazar states, “Without natural predators, wild horse populations have grown beyond the carrying capacity of the sensitive and sparse lands on which they live, causing damage to ecosystems and putting them at risk of starvation.” Pictures and video footage from the gathers tell a different story. Unfortunately, the primary predator is Ken Salazar and his pals at the cattlemen’s associations, meat producers, and the America Farm Bureau. Also not mentioned, is how those sensitive and sparse lands can sustain millions of privately owned livestock? Wild horse advocates have likened America’s public lands to that of a giant private feedlot for ranchers.

Salazar’s plan to move wild non-reproducing herds to seven new preserves in the East and Midwest will ensure their extinction. Even he is at least honest enough to call them tourist attractions. Climate, habitat and range changes coupled with birth control and separating sexes is the beginning of the end as they disappear in zoo like settings. The estimated initial cost for these preserves is $96 million which doesn't include the cost of gathering or transporting the horses. The cost for the gather underway at the Calico complex in Nevada alone will run taxpayers over $1.9M.

Glaringly missing from Salazar’s editorial is the Ruby Pipeline and the California Heliostat project that will rip through the wild horse ranges.

Mr. Salazar has asked for ideas from the public. EWA will be issuing a position paper on wild horse and burro management within the next few days and full proposal within the next few weeks.

Salazar’s invitation for public comment rings hollow when every time the public attempts to speak to the BLM wild horse board they are cut off and not heard. Moreover, the agency’s director, Bob Abbey, has repeatedly dodged interviews with respected journalists about the wild horse issue.

“The future of our wild herds is dependent on working together,” commented EWA’s Vicki Tobin. “Future generations should be able to enjoy wild herds in their natural habitat, not read about them in history books.”



The Equine Welfare Alliance is a dues free, umbrella organization with over 90 member organizations. The organization focuses its efforts on the welfare of all equines and the preservation of wild equids.

BLM in violation of Legal Responsibilities: Mustangs vs Ranchers

Ranching is the history of western settlement, as well as wild horses. Both have rights based on property law i.e. herd areas and allotment improvements) as well as historic cultural landscape preservation. BLM has violated their fiduciary duty us to manage our heritage (inheritance) of wild horses according to the law. They have violated their duty to manage healthy ranges that are overgrazed by livestock. They have violated their duty to manage for ecological diversity by removing the very equid wild life that contribute to healthy diversity.
DOI and Congress are catering to the global special interest agenda for energy development and while embezzling our heritage estate in the process.
Boycotting beef and aiming poison arrows at ranchers will not gain ground for wild equids. BLM is the responsible agency and Congress is responsible for BLM. Every BLM manager that authorizes a gather should be personally sued for removing excess horses, transporting them from their native ranges to long term holding and sale (adoption)
kat
----- Original Message -----
From: Nylene Puha
To: Sent: Tuesday, December 22, 2009 12:24 PM
Subject: RE: All evidence points to N. American Native Status of the wild ones...Re: "horses under-counted more likely" Sierra Club Toiyabe Chapter

Conversation with a local ranchers relative yesterday-she stated that her Uncle should not have to change his way of life-(cattle rancher)-for wild horses. EVEN IF beef IS unhealthy for the land and even if his own health is affected-he should not have to make any concessions to his family's traditional lifestyle.
My question -Does he hate wild horses? Answer-Well, he is a RANCHER.
Those of you who don't live here-this is the culture we face.

This is war. And the ranchers are winning. The best thing I can suggest at this point is to Boycott Beef. If we can get all the REAL environmental groups to join in and organize -which there is talk of...this could have some true clout. Even those who don't intend to stop eating beef-could make the THREAT...."I am a lifelong beef eater but due to the wild horse situation..."...and so on. We must hurt the rancher/beef industry where they care-their pocketbooks. Another issue-wolves, coyotes, cougars-the wild horses natural predators here-are being wiped out by the BLM as well. Wild horse herds cannot survive as wild horses without them.

Nylene

PS-I think the hay thrown in Moundhouse that caused the accident that killed the wild horse last week- was by a rancher. I was told it was a guy who threw a bale of hay from the back of his pickup-right on the edge of the busy highway. I can't imagine a wild horse person doing such a thing. I think it was to cause talk of the 'problems' wild horses cause. Ranchers don't want winter feeding of wild horses because they will also eat the hay the ranchers throw to their cows in winter. They don't want the predators as they will also eat their cows.

How the Grinch (BLM's Ken Salazar) Stole Our Mustangs

In case you missed this when it made the rounds....



It's really too good (and informative) to miss!

Judge Denies Preliminary Injunction But Questions BLM Policies

Judge Friedman Denies Preliminary Injunction But Questions BLM Policies
Posted Dec 21, 2009 by laura allen, Animal Law Coalition

Update Dec. 23, 2009: Judge Paul L. Friedman has denied the motion by plaintiffs In Defense of Animals, Craig Downer and Terri Farley, for a preliminary injunction to stop the roundup of up to 2,736 wild horses from the Calico Mountain Complex herd management areas in Nevada.

But the judge has also rejected that BLM can continue to keep unadopted wild horses and burros in long term facilities. The judge agreed with the plaintiff that BLM has no authority to transport healthy unadoptable horses and hold them in long term holding facilities especially in places where they were not located previously, Oklahoma, Kansas or South Dakota.

The judge, however, found the plaintiffs did not raise this argument until their reply brief and it could not be the basis for a preliminary injunction. The judge said the defendants had not had time to brief the issue fully. The judge did reject the BLM's contention that Congress had ratified its policies of putting unadopted wild horses and burros into long term holding facilities by approving appropriations bills.

The judge suggested the agency postpone the roundup scheduled for December 28 but declined to issue an injunction at this time. The judge reasoned that if the BLM proceeds with the gather, knowing that long term holding may not be an option and with no funds under the Appropriations Act, FY 2010, for euthanization or sale for slaughter, the agency must come up with another solution for the horses it will have removed from the wild. The judge said that once removed as excess, the horses could not at that point simply be returned to the herd areas.

The judge found "untenable" the plaintiffs' other contention that BLM cannot round up and remove horses en masse. The court rejected the plaintiffs' interpretation of the Wild Free Roaming Horses and Burros Act, 16 U.S.C. Sec. 1331 et seq, (WFRHBA) that BLM must determine on a case by case basis those horses deemed "excess" or causing an overpopulation, and then remove them under a tiered approach with the old, sick and lame taken first and then the healthy adoptable horses. The judge said such a process would put the BLM in "an impossible Catch-22" because the agency could not really evaluate the health or age of horses without capturing them first. The judge found the WFRHBA did not prohibit the BLM's current method of rounding up horses, separating them, sterlizing and returning some and placing others in short term holding facilities for adoption or sale.

Judge Friedman did also say the public and BLM's interest in controlling the overpopulation of wild horses could be negatively impacted by a delay. He said "issuance of an injunction at this stage might lead to substantial growth in already overpopulated herds" in the Calico Complex. The judge said that, according to BLM, a spring roundup could result in more injuries for the wild horses.

This ruling does not end the case. With this ruling, judge rejected the motion for a preliminary injunction to keep the status quo pending a final decision. It is a serious warning to BLM that the judge does not think its policy of keeping wild horses in long term holding facilities, is legal. But, unfortunately, unless BLM takes the judge's advice, the Calico roundup will proceed on Dec. 28.

At this point, the best course of action is to call on President Barack Obama and BLM to stop the roundups. Urge Congress to take action, too, and demand a stop to these roundups! Go here to find out how you can join the call for a moratorium on BLM roundups of wild horses and burros.

Wild Horses & Burros Available for Adoption in Winchester, CA

U.S. Department of the Interior
Bureau of Land Management
News Release


For Immediate Release: Nov. 24, 2009 CA-CDD-10-18
Contact: David Briery, (951) 697-5220 or Steve Razo, (951) 697-5217


Wild Horses and Burros Available for Adoption in Winchester
Strength, endurance, and spirit are qualities embodied in wild horses and burros that roam America’s rangelands. These living legends are available for adoption at Winchester Wild West Arena in Winchester, Calif. on Dec. 5, 2009, through the Bureau of Land Management (BLM) Adopt-A-Horse or Burro Program. The mustangs and burros were gathered from public lands in California and Nevada, have been wormed and vaccinated, and are in excellent health. Spectators are welcome.
Animals arrive at noon on Friday December 4, and potential adopters may view the mustangs and burros from 1 to 5 p.m. An excellent media opportunity exists at noon when the animals arrive and unload. Approved adopters will receive a lottery number, which is required to participate in the lottery adoption Saturday morning starting at 9 a.m. The lottery adoption provides all adopters an equal opportunity to adopt the animal of their choice. BLM staff will approve adoption applications from 8:00 a.m. to 5:00 p.m. on Saturday.
The adoption fee is $125.00 per animal. Animals not selected during the lottery adoption will be available for adoption on a first come, first served basis for the remainder of Saturday. Adoption fees may be paid by cash, check, or credit card.
Qualified adopters must be 18 years old, have adequate facilities, the financial means to care for the animal(s), and would have some experience training or raising a horse or burro. Adopters also must be a resident of the United States and have no convictions for inhumane treatment of animals. Qualified individuals with the proper facilities may adopt up to four animals.
The process is called an “adoption” because BLM retains title to the animal for one year after the adoption. During the year, a BLM compliance officer or designated representative will visit each adopter to ensure the animal is being cared for and has a good home. During this time adopters cannot sell their adopted animal. Adopters must notify BLM if the animal is moved.
After the first year, adopters may apply for title. BLM will pass title of the animal if all the stipulations of the adoption agreement have been met. The animal becomes the private property of the adopter only after BLM transfers title, which completes the adoption process.
Directions to Winchester Arena: from Interstate 215 exit S.H. 74 East; turn south on S.H. 79 S./ Winchester Road; turn west on 9th Street to 32150 S. Grand Ave. For more information about the Winchester adoption or the Bureau's Adopt-A-Horse or Burro Program, contact BLM toll free at 866-4MUSTANGS or visit www.wildhorseandburro.blm.gov.



-BLM-
visit our website
California Desert District Office – 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553

Call for Moratorium on Wild Horse & Burro Round-ups Heats Up

Mariana Tosca, Viggo Mortensen and Kevin Nealon join the unified call for an immediate moratorium on wild horse and burro round-ups.
“Without a single dissenting vote, the 1971 Wild Free-Roaming Horse and Burro Act was passed by Congress guaranteeing these animals protection from “capture, branding, harassment and death.” – Mariana Tosca
CHICAGO, (EWA) – Acclaimed Actors Mariana Tosca, Christmas in the Clouds, Viggo Mortensen, Lord of the Rings, Appaloosa and Hidalgo and Kevin Nealon, Weeds have added their voice to a growing 150 organizations and dignitaries from America, Canada, the United Kingdom and South Africa asking President Obama and Secretary Salazar to halt the round-ups of America’s wild horses and burros.

The assault on America’s wild horses and burros must be halted until range studies can be performed and a solid plan is established for the management of these magnificent animals that represent our American heritage.

Actor and Social Activist, Mariana Tosca, joined the unified call with the following statement issued to John Holland, President of the Equine Welfare Alliance.

“With virtually no oversight, the BLM’s maneuvers are methodically cleansing the land of these animals who have become an inconvenience and impediment to the goals of the ranching, gas and oil industries.

It is the action of arrogance and the lowest instincts of man to place greed above the rights of others and to shape policy to fit private agendas. Millions of head of cattle are grazing on public ranges - public ranges that were designated for these wild horses and burros on land that belongs to American taxpayers, not to private entities.

These horses are connected to this land; their ancestors roamed unfettered on it over a million years ago. They represent the basic principal that our nation was founded on: FREEDOM. These animals are the physical embodiment of all that we as people and as a nation aspire to… liberty and self-determination. And at some level that resonates with each and every one of us. With every BLM round up that is allowed to happen, our heritage is under siege.”

Viggo Mortensen adds, “Thanks to all who have contacted their government representatives on behalf of mustangs, those unique animals that are living symbols of the nation's heritage and character. Your efforts have paid off, prompting Congress to strengthen the protections afforded to wild horses and burros in the United States of America [with the passage of HR 1018].

Mariana Tosca continues, “We have to stop eroding the law that ensures their protection, simply to cater to and placate private entities. America faces a very real risk that the wild horse will go the way of the buffalo, wiped out by a zealous hunt to make room for commercial interests.

Since the BLM is a government agency, with perceived mismanagement and conflict of interest issues, the public has a right to call for an independent audit of the horses in BLM managed short and long term holding facilities, as well as an independent count of the horses remaining on the ranges. The management of our remaining wild horses should be moved to another agency.”

A lawsuit was filed by IDA (In Defense of Animals) on November 23 aimed at halting the removal of over 2,700 horses in the Nevada Calico Complex which is scheduled to start on December 1.

Additional information on the unified call for a moratorium is available on the Equine Welfare Alliance and The Cloud Foundation websites.




Equine Welfare Alliance







Vicki | A Voice for Our Horses

Calling All Horse Welfare Groups!

Hi, all. Could you also pass this on to any organizations that may be interested? I can’t locate the list I had from a few months ago when we were working on the Sheldon suit and many of them aren’t in my disty list. I sent to quite a few yesterday but don’t want to miss anyone. We want to list as many supporters as possible.

The Cloud Foundation is sending a letter to Congress and a few others government departments calling for an immediate moratorium. Included with the letter will be a list of organizations that are in support of an immediate moratorium. If you would like to be included in the organization list, please let me know ASAP.

Please provide the organization name, one name for the organization (optional), link or linked logo (please also include link in case the link doesn’t come through).

We are planning on finalizing the list by early evening tomorrow (Sunday).

Thanks so much.

v

Vicki | A Voice for Our Horses

BLM Always follows the Money - to Hell with the Horses!

In an " emergency" gather 325 horses were removed and four semi loads of sheep were unloaded on the Sulpher Range last Nov.. The allotments are not separated by fencing. BLM say they are finally down to AML with less than 200 horses remaining on 225,000 wild horse herd area. Last we heard, the water was still turned off at the solar panels. Somewhere in my cybespace are the pics I took.
kat

----- Original Message -----
From: TerryW
To: Undisclosed-Recipient:;
Sent: Saturday, November 07, 2009 11:08 PM
Subject: From a couple years ago......


Hundreds of sheep brought in after wild horses removed: a supporter contacted us to report that, after 200 horses were removed in December from the Dry Lake Complex in Nevada, he was shocked to see about 1,000 sheep trucked in to that very area, less than two weeks after the round-up. Questioned on the issue, BLM confirmed that the area includes a grazing allotment for 2,200 private sheep, whereas for horses the “appropriate management level” is set at only 128 head, or one horse per 5,500 acres! What BLM failed to address is why substantially more forage is consistently allocated to private livestock on the very areas that should be “devoted principally” to wild horses under the Wild Free-Roaming Horse and Burro Act.

The Science Behind Wild Horse Roundups
2007, KTVN
Rounding up wild horses carries inherent risks for the animals, so presumably, there should be a good reason for capturing them. In early September, a BLM roundup captured 900 horses in Nevada's Jackson Mountain Wilderness Area, supposedly because there wasn't enough forage to support them. When the horses got to the Palomino Valley holding facility, they started dying because of the feed they received. What bothers wild horse advocates the most is that while the BLM felt there was only room for 200 or fewer horses in the 280,000 acre Jackson Range, they said it was still okay to have 8,000 cattle and sheep grazing in the same area.

BLM and National Cattlemen's Beef Association Partner to dispose of Wild Horses!!!

"In what could be its most absurd and cynical move yet, the Bureau of Land
Management is partnering with the National Cattlemen’s Beef Association,
the American Sheep Industry and the Association of National Grasslands
(represented by the Public Lands Council), in a campaign that promotes the
purchase of wild horses and burros by public lands ranchers. View their
joint press release at Beef USA


The very people who lobby tirelessly to remove wild horses from our public
lands at taxpayers’ expense are now urged to purchase these same horses at
bargain basement prices. Ranchers did not want to share their public land
allotments with these horses in the first place; do we really think they
are now going to let them graze these same allotments out of the goodness
of their hearts? Who better than the National Cattlemen’s Beef Association
to funnel wild horses to slaughter? In fact, it is disturbing that this
announcement should come on the heels of the USDA's decision to allow horse
slaughter to continue despite Congress overwhelmingly passing an amendment
banning such practice for one fiscal year; the horse slaughter ban was
vehemently opposed by the National Cattlemen’s Beef Association.

Without independent oversight and incentives to ensure the ranchers will
provide long-term care for these horses, we can’t help but see something
sinister at play and need your help to fight another attempt by the BLM to
dispose of our wild horses by any means available. PLEASE TAKE ACTION NOW
to protest this latest maneuver by the BLM and the cattle lobby: voice your
concern and outrage to Gale Norton, Secretary of the Interior, Department
of the Interior,1849 C Street, N.W., Washington DC 20240 - fax:
202.208.5048.

We are in the process of investigating all the implications of BLM’s new
campaign. Be sure to check the News Briefs section of the AWHPC site for
further information as we uncover it.

On behalf of the horses, thank you for your support.

The AWHPC Team.
American Wild Horse Preservation Campaign "

All I can say is....WTH?!?!

Investigative Report - "Stampede To Oblivion"

The Las Vegas I-Team and veteran reporter George Knapp's Special Investigative Report, "Stampede To Oblivion", is now available on line with a link to the show in its entirety.

http://www.americanherds.blogspot.com/

PLEASE URGE EVERYONE YOU KNOW TO WATCH THIS TIMELY AND IN DEPTH REPORT ON THE CURRENT STATE OF THE WILD HORSE & BURRO PROGRAM!

ALSO

*BLM's Sally Spencer responds to questions about National Wild Horse Adoption Day.

Her response, as well as an Anonymous Rebuttal, has been posted at the bottom of the 10/03/09 post, "National Wild Horse Adoption Day".