Federal Court Rules Against BLM in Wyoming Wild Horse Case

In a landmark decision, the U.S. District Court for the District of Wyoming has ruled against the Bureau of Land Management (BLM) in a case concerning the illegal roundup of wild horses. This ruling marks a significant victory for the American Wild Horse Conservation (formerly American Wild Horse Campaign) and its allies, emphasizing the importance of following federal laws in wildlife management.

SaysBLMCan’t Exclude Foals from Roundup Counts to Remove More Horses from the Range

Cheyenne, WY (January 10, 2019) . . . Yesterday, the U.S. District Court for the District of Wyoming handed a victory to theAmerican Wild Horse Conservation (formerly American Wild Horse Campaign)and wildlife photographersCarol WalkerandKimerlee Curyl,rulingin favor of a lawsuit to stop the Bureau of Land Management (BLM) from illegally rounding up hundreds of wild horses in a helicopter capture operation in southwestern Wyoming.

Thelawsuit chargedtheBLMwith violating three federal laws by rounding up hundreds more horses thanpreviously disclosedby excluding foals and weanlings from its official count of horses removed from the range. The Court agreed with AWHC, explicitly noting that “[t]he question is whetherBLM’s approach to the 2017 excess determination was a deviation from prior practices. The answer is clearly yes.” Therefore, the court found that this roundup decision was arbitrary and capricious and “without observance of the procedures required by law.” The court then vacated the roundup decision and remanded it to the agency for further proceedings consistent with the decision.

“We applaud the Court for recognizing that theBLM’s action of permanently removing hundreds more horses than it determined to be excess is unlawful, particularly in light of the Tenth Circuit’s strongly worded 2016 ruling tellingBLMto comply with federal law when removing horses from these public lands,” said attorney William Eubanks ofMeyer Glitzenstein and Eubanks LLPwho represents the plaintiffs. “It’s clear that theBLMis trying every technique possible to remove more horses from the range in these HMAs than allowed by law.”

Background

AWHC has led a years-long legal battle against theBLM’s plan to eradicate wild horses from a two million-acre area of public and private land known as the Wyoming Checkerboard at the request of the Rock Springs Grazing Association (RSGA). The RSGA owns or leases the private land blocks in the Checkerboard and views wild horses as competition for taxpayer-subsidized livestock grazing onpublic lands.

It’s the third time the organization has filed suit to challenge theBLM’s illegal actions in this area. In 2016, the Tenth Circuit Court of Appeals handed the American Wild Horse Conservation (formerly American Wild Horse Preservation) two precedent-setting legal victories related to theBLM’s actions in Wyoming. (More on the Tenth Circuit Decisionshereandhere.)

TheAmerican Wild Horse Conservation(AWHC) is dedicated to preserving the American wild horse in viable, free-roaming herds for generations to come, as part of our national heritage. Its grassroots mission is endorsed by a coalition of more than 60 horseadvocacy, humane, and public interest organizations.

Carol WalkerandKimerlee Curylare renowned wild horse photographers who regularly photograph the wild horses of the Adobe Town, Great Divide Basin, and Salt Wells Creek HMAs.

Meyer, Glitzenstein & Eubanksis the nation’s leading public interest law firm with offices in Washington, DC, and Ft. Collins, Colorado.