Court Dismisses Wyoming's Appeal on Mustang Removal

A federal court in Denver, Colorado, has dismissed an appeal from the state of Wyoming seeking the removal of wild horses from the state’s Checkerboard area, where private, federal, and state lands intermingle and severalherd management areas(HMAs) are located.

The Wild Free-Roaming Horse and Burros Act federally protects wild horses and burros residing in Western states and places them in the Bureau of Land Management's (BLM) jurisdiction. In 2014, theBLMbegan removing wild horses from the Checkerboard area to comply with a consent decree between theBLMand the owners of livestock that grazeBLMlands. Prior to the removal, Wyoming Governor Matt Mead said the state would sue the Department of the Interior and theBLMover its wild horse and burro management relative to range use. Wyoming subsequently filed suit against theBLM, alleging that the gather was illegal and asked the courts to order theBLMto manage the state’s wild horses according to the Wild Free-Roaming Horse and Burro Act.

That initial lawsuit was dismissed, and Wyoming appealed the decision.

On Oct. 11, the U.S. Tenth Circuit Court of Appeals upheld that dismissal.

Attorney Bill Eubanks, who represented intervenors in the case including the American Wild Horse Conservation (formerly American Wild Horse Preservation), The Cloud Foundation, Return to Freedom, Carol Walker, and Kimerlee Curyl, applauded the court's decision.

In a written statement, Mead expressed disappointment with the decision.

Mead will order the Wyoming Attorney General to review the state's options, the statement said.