Judge Hears Arguments in Utah Lawsuit Over Wild Horse Removal
Litigation
Read time: Two Minutes
Published: March 26, 2015
Written by:
AWHC Contributor
In a significant legal battle, Utah ranchers and wild horseadvocacygroups presented their arguments in federal court regarding the removal of wild horses. The case, which centers on ecological impacts and management responsibilities, awaits a decision from U.S. District Judge Dee Benson.
Ranchers Demand Action
A group of ranchers is demanding that the federal government remove wild horses in Utah, arguing that themustangsare overrunning the range, causing ecological damage, and reducing livestock grazing areas. They assert that the Bureau of Land Management (BLM) should immediately remove horses exceeding the designated 'appropriate management level' from public and private land.
Advocacy Groups' Defense
Wild-horseadvocacygroups countered in federal court, urging Judge Benson to dismiss the ranchers' case. They argue that the government is not obligated to remove the mustangs. Caitlin Zittkowski, an attorney for theadvocacygroups, emphasized that the appropriate management level is just one tool among many used by theBLMto assess wild horse populations. TheBLM's handbook explicitly states that removal based solely on this level is not acceptable.
BLM's Position
TheBLMacknowledges that the wild-horse population exceeds the appropriate level of 1,956, estimating about 4,500mustangson the range. However, the agency has not acted on the ranchers' requests, citing a lack of funds and space for removal.
Legal Interpretations
Judge Benson expressed difficulty interpreting the statute that requires theBLMto determine excess wild horses and decide on removals. He noted the statute's lack of clarity, stating, "It would be nice if the statute was a little more direct."
Meanwhile, Karen Budd-Falen, representing the ranchers, argued that previous court cases have defined populations exceeding the appropriate management level as excessive, thus mandating government action.
Recent Developments
Earlier this month, a Nevada judge dismissed a similar lawsuit, labeling it an unsubstantiated attack on theBLM's wild horse policy.
Ranchers' Concerns
Steven Yardley, a rancher from Beaver County, Utah, highlighted the efforts ranchers make to maintain the land's pristine condition. He argued that wild horses disrupt the ecosystem by consuming desirable plants, allowing invasive weeds to thrive. Yardley urged theBLMto round up the horses to protect the range's health.
Judge Benson will take a few days to review the statute before making a decision.
Originally Posted By Salt Lake Tribune
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