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.

Calico Round-up not Stopped by Lawsuit

Associated Press article:

IDA press release from Makendra:

In Defense of Animals, 3010 Kerner Blvd., San Rafael, CAFor Immediate
ReleaseContacts: William J. Spriggs, Esq., 202 452 6051; Suzanne Roy,
919-697-9389Lawsuit to Protect Wild Horses Continues Despite Denial of
Injunction Against Massive Roundup Advocates Call on President Obama to Give
America¹s Wild Horses a Christmas Reprieve Washington, DC (December 23,
2009). . . . Wild horse advocates today celebrated a partial victory as U.S.
District Court Judge Paul L. Friedman ordered a lawsuit challenging a Bureau
of Land Management roundup of thousands of wild horses in Nevada forward,
but denied a preliminary injunction to stop the removal of horses, which is
scheduled to begin December 28. Judge Friedman¹s 25-page decision indicates
that he found merit in IDA¹s argument that the BLM¹s practice of stockpiling
tens of thousands of horses in long-term holding facilities in the Midwest
is not authorized by law, and invited both parties to expedite briefing on
that issue. 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). ³The President
should order a halt to this roundup until the legality of the long-term
holding facilities is determined. The BLM itself says this is not an
emergency roundup, so there would be no harm in waiting for adjudication of
this enormously important issue,² said William J. Spriggs, of Buchanan,
Ingersoll & Rooney, which filed the case on behalf of IDA, ecologist Craig
Downer and noted children's author Terri Farley. ³We are on strong ground in
charging that the BLM's policy of stockpiling tens of thousands of horses in
the Midwest, off their rightful Western ranges, is contrary to law, the
intent of Congress and the will of the American people,² Mr. Spriggs
concluded. Meanwhile, IDA is turning to the Administration in an effort to
save the wild horses living in the Calico Mountains Complex which is
comprised of more than 500 million acres in northwestern Nevada. Beginning
December 28, the BLM intends to wipe out 80-90 percent of the estimated
3,000 horses there by stampeding them with helicopters over dangerous winter
terrain into capture pens, then loading them on to trucks bound for
government holding facilities in Kansas, Oklahoma and South Dakota. Just
four years ago, the BLM rounded up more than two thousand wild horses in
Calico in the winter of 2004-2005 and shipped 1,623 horses to short- and
long-term holding. ³This is a Christmastime appeal to President Obama on
behalf of America's wild horses,² said Elliot M. Katz, DVM, IDA President.
³While the President is enjoying the holidays with his lovely family, In
Defense of Animals asks him to think of the horse families who are about to
be torn apart forever in the BLM roundup. With the stroke of a pen, he can
stop the terror that is about to befall the majestic wild horses of the
Calico Mountains in Nevada.² IDA is asking the Administration to halt the
roundup, charging that the BLM violated NEPA by failing to adequately assess
the environmental impacts of its massive wild horse capture plan. Over
10,000 public comments were submitted in opposition to the Calico roundup,
which the BLM has stated will cost taxpayers $1.7 million. Despite promising
to deliver change, the Obama Administration has continued the Bush
Administration's policy of removing tens of thousands of wild horses from
their rightful Western ranges, often to make room for increased grazing of
privately-owned livestock on public lands. The BLM currently warehouses
33,000 wild horses in government holding facilities ­ the legality of which
Judge Friedman has just questioned ­ yet intends to round up and remove
12,000 more horses a year from the West for the next three years. After that
time, the number of wild horses held captive in zoo-like conditions will far
exceed those left in the wild. # # #In Defense of Animals is an
international animal protection organization located in San Rafael, Calif.
dedicated to protecting animals' rights, welfare, and habitat through
education, outreach, and our hands-on rescue facilities in Mumbai, India,
Cameroon, Africa, and rural Mississippi

Mustangs and Trail Riding....Good Combination

Mustang Heritage Foundation and the American Competitive Trail Horse Association create mutual support and sponsorship…

“That’s about the only way I can describe what we’ve done” states Tom Scrima of ACTHA. “The Mustang Heritage Foundation and ACTHA have created a relationship that promotes both organizations while increasing Competitive Trail Ride Challenges (CTC’s) and fundraising opportunities for Mustang trainers.

“The mission of the Mustang Heritage Foundation is to increase adoption of wild horses” states Patti Colbert, Executive director of the MHF. “ACTHA is focused on providing support for the abandoned and unwanted horses. With the Foundation and ACTHA working together, we can positively impact the lives of horses in so many ways.”

Together the way it works is MHF has hundreds of their trainers all across the USA. MHF will give them the opportunity to become ACTHA ride hosts, or as ACTHA calls their local ride managers AFFILIATES. An affiliate holds ACTHA’s Competitive Trail Challenges, CTC’s©, all over the nation. Hundreds of rides happen every year from coast to coast giving wonderful prizes and recognition to the riders on America’s great unsung hero’s…The Great American Trail Horse. Riders can ride unique trails for pleasure or to be judged on various natural skill challenges along the way. Affiliates earn money at each of these local events, sometimes as much as $4,000. But there’s a lot of work and expertise that goes into the effort!

The rides are a one day affair and allow participants to ride locally and often on private lands not normally accessible to them. Sponsors lavish prizes and awards to these representatives of the largest sector of the horse industry….the trail rider!

“ACTHA donates up to 50% of its proceeds to horse charities…what better charity than the MHF!?” states Karen VanGetson, co-founder of ACTHA. The MHF is one of our favorite charities and we want to do more for them. Getting their trainers involved is a natural for us. To begin with we’re dealing with accomplished horse trainers who have knowledge of what it’s all about. These are dedicated professionals, many working a day job to support their passion, horses! What a great way for them to earn extra money while training that next winner of a MUSTANG MAKEOVER! They can use the money for their training expenses or for any cause they wish.”

ACTHA takes the modest fees they charge to bring the whole thing together and donates like mad to charities and non-profits. “Indeed in our first year of going national we and our wonderful affiliates raised over $100,000 for worthwhile rescues and non-profits!” states Carrie Scrima ACTHA’s other co-founder. “We plan to ear mark a substantial percentage of the funds received from the MHF trainer’s rides and give it to the MHF to carry on their wonderful work”.

“Not JUST a trail horse anymore!” is ACTHA’s motto…who ever thought this unsung hero would be raising big bucks for their less fortunate brothers and sisters who find themselves in a really bad situation?

“ Between the MHF and ACTHA we are fighting horse hunger and neglect one horse at a time and we won’t stop until every horse makes its way through this world humanely…PERIOD” states Patti Colbert and Tom Scrima… “Our work has just begun but we are confident it’s the beginning of the end of suffering for all unwanted horses. Millions of dollars as well as assistance to the major organizations trying to lobby and help those brave souls taking in horses for rehabiliatation will be donated by our two organizations, of that we are very confident.”

For more information on The Mustang Heritage Foundation go to;

http://mustangheritagefoundation.org/

For more information on ACTHA go to; http://actha.us/

Tom Scrima

830-693-2065

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

Lawsuit Filed Giving Mustangs 28-day Reprieve

Nevada Mustangs Given 28-Day Reprieve

IDA Lawsuit Postpones Huge Wild Horse Roundup

Washington, DC (November 24, 2009) - The U.S. Department of Justice announced tonight that the massive roundup and removal of thousands of horses from public land in northwestern Nevada will be delayed until December 28 as a direct result of the filing of a lawsuit by In Defense of Animals and renowned ecologist Craig Downer on November 23.

Tomorrow, IDA and Mr. Downer plan to file a motion for a permanent injunction, with supporting affidavits from horse experts and eyewitnesses to Bureau of Land Management (BLM) roundups. The motion will ask Judge Paul L. Friedman of the U.S. District Court for the District of Columbia to stop the roundup altogether.

The roundup and removal of 80-90 percent of the estimated 3,055 wild horses living in the BLM's Calico Mountain Complex was originally scheduled to begin December 1. The BLM has received over 10,000 public comments in opposition to the roundup.

"We welcome this moratorium on the capture and inhumane treatment of the Calico horses," said William Spriggs, Esq. of Buchanan, Ingersoll and Rooney, pro bono attorney for IDA and Mr. Downer. "The BLM plan for a massive helicopter roundup of these horses is entirely illegal."

"We are confident that the court will agree that America's wild horses are protected by law from BLM’s plan to indiscriminately chase and stampede them into corrals for indeterminate warehousing away from their established habitat," he said. "The magnificent wild horses and burros of the American West are an important part of our national heritage and must be preserved."

The Wild Free Roaming Horse and Burro Act, passed unanimously by Congress in 1971, designated America's wild horses and burros as "living symbols of the historic and pioneer spirit of the West," specifying they "shall be protected from capture, branding, harassment, or death … [and that] to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of public lands.”

Since 1971, the BLM has removed over 270,000 horses from their Western home ranges and taken away nearly 20 million acres of wild horse habitat. Only 37,000 wild horses and burros remain on public lands in the West. By contrast, millions of cattle graze our public lands. Thirty-two thousand wild horses who have been removed from the range are already held in government holding facilities, and the BLM intends to round up 12,000 more horses in FY 2010.

###

In Defense of Animals is an international animal protection organization located in San Rafael, Calif. dedicated to protecting animals’ rights, welfare, and habitat through education, outreach, and our hands-on rescue facilities in Mumbai, India, Cameroon, Africa, and rural Mississippi.

Vicki | A Voice for Our Horses

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