Landmark Appellate Court Decision Halts BLM's Wyoming Wild Horse Roundup
Litigation
Read time: Three Minutes
Published: October 14, 2016
Written by:
AWHC Contributor
Ruling Blocks Agency from Treating Over 1 Million Acres ofPublic Landsas Private Lands in Pursuit of Wild HorseRoundups
The U.S. Court of Appeals for the Tenth Circuit has issued alandmark decisionthat prevents the Bureau of Land Management (BLM) from removing wild horses from over one million acres of public land in the Wyoming Checkerboard. This ruling asserts that theBLMviolated federal laws during a 2014 roundup that removed 1,263 wild horses, and it deems the planned removal of 500 more horses illegal. The plaintiffs, including the American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign), The Cloud Foundation, Return to Freedom, and photographers Carol Walker and Kimerlee Curyl, celebrate this decision for its implications on wild horse management across the western United States.
“This ruling disrupts thebackroom dealbetween theBLMand livestock grazing interests to eliminate federally protected wild horses from over one million acres of public land in Wyoming,” said attorney Bill Eubanks. “The Tenth Circuit's decision permanently stops theBLMfrom treatingpublic landsas private and removing wild horses based on private landowners' requests. This sets a significant legal precedent across the West, protecting wild horses from ranchers who aim to replace them with domestic cattle and sheep, harming the ecosystem.”
The Tenth Circuit found that “theBLMviolated both the [Wild Free Roaming Horses and Burros] Act and FLPMA [Federal Land Policy Management Act]” in the 2014 Checkerboard roundup, reversing a 2015 lower court ruling that upheld theBLM's actions.
This decision concludes a legal battle over theBLM's plan to eradicate wild horses from a two-million-acre area of public and private land at the Rock Springs Grazing Association's (RSGA) request. The RSGA, which owns or leases private land in the Checkerboard, views wild horses as competition for taxpayer-subsidizedlivestockgrazing.
Last week, the plaintiffs filedanother lawsuitto prevent the next Checkerboard roundup, scheduled for October 18.
This marks the third major legal victory for the groups in just over a month. Earlier, the Tenth Circuit dismissed a lawsuit by the State of Wyoming to compel theBLMto remove wild horses from non-checkerboardpublic lands, ruling that theBLMis not obligated to remove horses simply because their populations exceed outdated limits.
On September 9, theBLMcancelled plansto conduct controversial sterilization experiments on wild mares in Oregon, citing a lawsuit by The Cloud Foundation and AWHC as the reason.
Read more from the media:Court: Feds broke law in wild horse roundup
TheAmerican Wild Horse Conservation (formerly American Wild Horse Preservation Campaign)is a nationaladvocacyorganization supported by over 60 horseadvocacy, public interest, and conservation groups. It is dedicated to preserving wild horses in viable, free-roaming herds as part of our national heritage.
Return to Freedom(RTF) is a national non-profit focused on wild horse preservation through sanctuary, education, and conservation, operating the American Wild Horse Sanctuary in Lompoc, CA.
The Cloud Foundation(TCF) is a non-profit dedicated to preserving wild horses and burros on Westernpublic lands, focusing on Cloud’s herd in Montana's Pryor Mountains.
Carol WalkerandKimerlee Curylare renowned photographers who capture the wild horses of the Adobe Town, Great Divide Basin, and Salt Wells Creek HMAs.
Meyer Glitzenstein & Eubanks LLPis a public interest environmental law firm with offices in Washington, D.C., and Fort Collins, Colorado.
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