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Utah Ranchers Sue BLM Over Wild Horse Management

Litigation

Read time: Three Minutes

Published: May 2, 2014

Written by:

AWHC Contributor

Thirteen ranchers in southwestern and central Utah are asking a federal judge to order the Bureau of Land Management (BLM) to control the burgeoning number of wild horses that share the range with their cattle and sheep. The lawsuit, filed in U.S. District Court in Salt Lake City, names Interior Secretary Sally Jewell,BLMDirector Neil Kornze, andBLMUtah Director Juan Palma as defendants.

The ranchers, frustrated byBLMrequests to significantly reduce their herds, formed the Western Rangeland Conservation Association to pool resources for the lawsuit. The Utah Farm Bureau Federation, along with Iron and Beaver counties, have also pledged financial support.

The lawsuit alleges that theBLMhas failed to comply with the Wild Horses and Burros Act of 1971 by not controlling the number of wild horses onBLMrangeland, as well as on private and state lands. The ranges are deteriorating as wildlife, horses, andlivestockcompete for scarce resources, the ranchers claim.

Horses have reportedly damaged range improvements made by ranchers, such as fences and water developments, forcing ranchers to haul extra water and feed to their animals while cutting back on grazing. "Many plaintiffs have maintained their livelihoods via ranching operations for multiple generations. Due to economic limitations and the fact that the wild horses are federally protected, plaintiffs can do nothing to prevent damages to their private and the public rangelands," the lawsuit states.

Mark Wintch, a rancher in the Wah Wah Valley and president of the rancher association, stated, "We’re simply asking that they stay within their own management plan and quit abusing us." TheBLMacknowledges there are 14,000 more wild horses in the West than the ecosystems can maintain but cites financial constraints as a barrier to addressing the issue.

The agency announced last year that it would not conductroundupsdue to a lack of funds, particularly for long-term pasturing of wild horses. By congressional decree, the horses cannot be euthanized. TheBLM’s target number for wild horses in the West is 26,000, but there are currently nearly 40,000, according to the agency's website.

Despite the lack of plans for roundups, stateBLMdirectors, under pressure from ranchers and local leaders, are asking to remove more than 6,000 horses.Utah’s Palmaseeks over $500,000 to remove more than 1,000 horses fromBLM, private, and School and Institutional Trust Lands Administration lands in Iron and Beaver counties this summer.

Two of the lawsuit plaintiffs graze theirlivestockin Emery County, where wild horses in the Muddy Creek herd management area exceedBLMlimits. In Beaver and Iron counties, where most plaintiffs reside, theBLM’s prescribed limit on horses is just over 600, yet ranchers report thousands of horses. Internal and environmental assessment documents suggest theBLMacknowledges at least 1,800 horses in the region.

The lawsuit highlights the Wild Horse Act’s requirement for theBLMto inventory, set limits, and "immediately remove excess animals from the range to achieve appropriate management levels." Karen Budd-Falen, a Cheyenne, Wyo., attorney representing the ranchers, indicated that similar lawsuits are being prepared for Wyoming and New Mexico ranchers. "TheBLMhas got a statutory duty to move," she said.

Kiersty Loughmiller, of Salt Lake City, is the Utah attorney for the ranchers. Judge Paul Warner has been assigned to the case.

Originally Posted By The Salt Lake Tribune

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