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BLM Seeks Dismissal of Wild Horse Lawsuit

Litigation

Read time: Two Minutes

Published: June 26, 2014

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AWHC Contributor

ELKO —The federal government has responded to a lawsuit regardingwild horse managementby requesting the court to dismiss the case. This lawsuit, filed by the Nevada Association of Counties (NACO) and the Nevada Farm Bureau Federation, claims that the Bureau of Land Management (BLM) has neglected its duties under the Wild Horse and Burro Act, leading to overpopulation and damage to the range, wildlife, and wild horses.

Elko County has pledged up to $10,000 to support NACO in this legal battle, which is estimated to cost around $90,000. NACO is seeking immediate roundups of excess horses, regular monitoring of horse numbers, the discontinuation of long-term holding facilities, and an end to interference with Nevada water rights owned by third parties.

Before filing the lawsuit, NACO attempted to engage with the federal government to find a solution but received no response. On Tuesday, the Department of the Interior filed a motion to dismiss the complaint, arguing that the plaintiffs did not challenge any specific agency action but rather an alleged pattern of conduct not subject to judicial review.

Horse advocates have intervened as defendants, stating their interests are not represented by either side, and have also filed a motion to dismiss. Suzanne Roy, director of the American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign), stated, "The NACO lawsuit lacks merit and is the latest attempt by ranchers to create a legal facade to give theBLMan excuse to cave in to their interests and remove more mustangs." She expressed hope that the court will dismiss this case, viewing it as another meritless legal assault on federally protected wild horses and burros.

In its motion, the federal defendants noted thatCongresshas reduced funding for the wild horse program, exacerbating the issue. They stated, "Even as populations of wild horses have risen nationwide,Congresshas curtailed many of the tools that might prevent and mitigate any deleterious effects of the species on local resources." Specifically,Congresshas decreased funding for horse management and prohibited theBLMfrom humanely destroying excess horses in long-term holding facilities.

For more details, visit theElko Daily Free Press.

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