Wild horses gallop in the Rocky Hills HMA, southeast of Battle Mountain, Nevada. PHOTO CREDIT : USAToday

Despite tremendous public opposition and legal actions the Department of Interior is moving forward with the ill-conceived plan to remove more than 6,000 wild horses and burros from our public lands by October 2010. The Obama Administration’s policy has proven to be both deadly and devastating for wild horses. The Calico Complex roundup, which IDA fought in federal court, has to date taken the lives of 186 horses including 30 foals who have died and 40 spontaneous abortions as reported by the Bureau of Land Management (BLM).
On July 10, 2010 the BLM began this horrific roundup of wild horses in the summer desert heat in northeast Nevada – the Tuscarora Complex roundup. (See USA Today article.) The BLM reports, given the lack of public access to observe there is no way to verify any BLM-provided information, that 22 wild horses have been killed at the trap site and three have died at the holding facilities. After a lawsuit was filed by Nevada horse advocate Laura Leigh, the BLM began to claim the first part of the Tuscarora roundup (in the Owyhee herd management area) was a “rescue” operation – claiming there was not enough water on the range and that horses were dehydrating. Just last week, IDA had a representative on the ground in Owyhee and observed water, cows and plenty of fencing in and around the Owyhee area.

If dry conditions were so severe one would expect wildlife and cows to be suffering from the same dehydration – yet this was not the case. Rather only wild horses were in need of “rescue.” As one local rancher told IDA – antelope and other wildlife can get under and over fencing, but wild horses cannot. If a need to “rescue” horses occurred – it was clearly a BLM-created problem.

Indeed, in mid-May, the BLM conducted an on-the-ground observation at Owyhee; the promotional video resulting from it, actually titled “Extreme Terrain Requires Extreme Diligence,” stated among other things that “There is little water available to sustain more than 800 horses.” (Also see transcript.) Meanwhile, the BLM warned in its own Environmental Assessment that “Given the dry conditions and the expanding wild horse numbers, along with the limited perennial water sources in the Owyhee HMA, the BLM has a very strong concern that wild horses could suffer from dehydration and possible death in the Owyhee HMA this summer” to justify the disastrous July 10 roundup.

Clearly, the BLM should have taken actions (i.e. fence removal, water delivery, etc.) to mitigate any possible problems. The Tuscarora situation is a classic case whereby the BLM refuses to conduct on-the-range management and reverts to the roundup-removal practice which has already been acknowledged by the Interior Secretary to be an unsustainable practice.  In the case of the horses at Owhyee, just like the horses at Calico, the result is needless suffering and death. Thanks to this broken system, we have more wild horses in government holding facilities (36,000) than free on the range (33,000).

In addition to the BLM-created problem in Tuscarora, the BLM proceeded with using helicopters to roundup these horses in summer-desert temperatures while foals continue to be born. This means newborns and weeks-old foals and still-pregnant mares were run up to eight miles in desert heat. IDA has called for a moratorium on summer roundups and filed an administrative appeal to stop the Tuscarora roundup. We recently received the denial on the appeal and are reviewing our legal options.

We knew fighting the deeply-entrenched BLM would not be easy. We pledge to all the wild horses and burros who have lost their lives, families and freedom that we will continue to fight until these magnificent beings are truly protected and finally given their fair share of our public lands.

Stay tuned for our next action alert – another step in this long fight to bring about the change these animals deserve and need.

We’d like to clarify the outcome of this litigation, further explain why the judge dismissed the lawsuit, and describe why we believe that this groundbreaking case bodes very well for any future litigation.

Judge Friedman’s dismissal of the lawsuit (the ruling can be read here) was based on plaintiffs’ lack of standing – the legal right to issue a lawsuit.  Judge Friedman’s dismissal had nothing whatsoever to do with the merits of the case. In his December 23, 2009 opinion denying plaintiffs’ request for a Preliminary Injunction (decision is here), Judge Friedman did rule, pending further briefing, that BLM’s practice of holding wild horses in long-term holding was likely illegal. He stated that “BLM’s use of long-term holding facilities runs counter to the statute’s mandate that the agency’s management of wild horses occur at ‘the minimal feasible level.’ 16 U.S.C. § 1333(a). Long-term maintenance of thousands of horses in holding pens constitutes intensive management that was not contemplated by Congress when the Wild Horse Act was passed.”  The Judge further wrote, “BLM’s proposed confinement of hundreds or thousands of horses from the Calico Mountains Complex in long-term holding facilities in other states thus appears to contravene the unambiguous intent of Congress as expressed in statutory text and legislative history.” His opinion relied on the statute’s clear, unambiguous prohibition on relocating wild horses and burros to areas of the public lands where they did not exist in 1971 (the year the statute became law).

In light of this Judge Friedman wrote that “the agency’s best option might be to postpone the gather,” although he did go on to elucidate the potential problems with such a postponement. As we know, that postponement did not happen and today over 1,800 Calico wild horses are confined at a BLM facility in Fallon, Nevada. Over 100 horses have died as a result of the roundup and more than 40 heavily pregnant mares had spontaneous abortions – the vast majority died at the Fallon facility.

It’s important to note that Judge Friedman’s May 24, 2010 final ruling “assumes, without deciding, that plaintiffs’ rather conclusory allegations suffice” for legal standing in regards to the roundup and removal of the Calico horses, but that plaintiffs had not established standing with regards to the relocation to long-term holding of the horses. Because the Judge did not issue an injunction stopping the roundup and removal of the horses from Calico and that these actions had already occurred, he determined the roundup and removal issues were moot. The judge determined plaintiffs had not satisfactorily established standing regarding long-term holding, stating that “Their [plaintiffs’] asserted injury results from the removal of wild horses from the Complex, not from the placement of removed horses in long-term holding facilities.”  He further stated that “plaintiffs’ asserted injuries are not sufficiently connected or ‘traceable’ to the agency action in question,” which was the long-term holding issue. These are the reasons for the Judge’s decision to dismiss the case – mootness for a roundup that the Court refused to enjoin, and the Court’s finding that plaintiffs had probably established standing for roundup and removal, but not for relocation to long-term holding.

It is significant that the Court assumed that plaintiffs’ allegations were sufficient for legal standing on the roundup and removal aspects of the litigation. Because the Judge did not address the merits at all in his May 24, 2010 ruling, his preliminary finding in his December 23, 2009 opinion that relocation to long-term holding is likely illegal indicates that the arguments put forth by plaintiffs in this litigation will be successful in any future lawsuit – especially since we fervently believe that the additional briefing requested by the Judge greatly strengthened plaintiffs’ arguments. This case was filed pro bono and we remain extremely grateful for the tremendous generosity of lead attorney William Spriggs, his legal team and law firm Buchanan, Ingersoll & Rooney.

IDA is determined to continue to fight the BLM’s ill-conceived plans to continue removing wild horses from their homes on the range and stockpiling them in long-term holding

While this proposal awaits a response and approval from the BLM, the agency is sadly moving forward with plans to disperse the Calico horses around the country and sending the remainder to long-term holding – thus permanently separating family members for life.  We urge the BLM to stop these plans and to instead focus their time and energy into making this proposal a reality – a first step to reforming the broken and unsustainable program.

Last Thursday was the last public viewing of the Calico horses being held at the publicly-funded, short-term facility in Fallon, Nevada. IDA is opposed to the ending of public viewing of horses at this facility and urges the BLM to re-institute public access to this BLM-managed facility which holds more than 2,220 wild horses who belong to the American people.  It is ironic that the BLM uses tax dollars to fund this facility and prohibits tax payers from seeing their wild horses at this taxpayer-funded facility.

In the meantime, please be sure to voice your opposition to the unnecessary and inhumane proposed roundups of 2,000 horses and burros in the Reveille roundup of 200 horses (public comments due by June 25).

Last weekend the CBS Sunday Morning news program aired breathtaking video of “Wild Horses of Nevada” at the end of the program. Filmmaker and burro and wild horse advocate Carl Mrozek recently took this video of the beautiful, healthy mustangs in the wild. You can watch the video by clicking here.

Please take a few minutes to post a brief comment to urge CBS News to do a news segment on the wild horse issue.  We hope that if CBS gets a huge response it may trigger broader coverage of the mustang/ burro story. The response over the next several days will be key. This is a prime & rare opportunity for advocates to make their case directly to CBS producers, via the CBS website so please take full advantage of it.

To post a comment after the video:

1) Go to the link, find the mustang video right there, and watch the piece — it’s only about one minute.  It was mostly rough/tough macho mustang stuff, but it definitely shows the healthy, beautiful horses, and Charles Osgood says these are the “… vanishing mustangs…”

2) Directly under the video – click on “[number] Comments” or click on this webpage to add a comment.

3) Next, click on “Add a Comment” and then click on “Log in or Create An Account.”

Below are some ideas to that you may consider when writing your comments. Please write original comments as they will likely be more compelling to producers who read them.

• Great video on wild horses – would be interested why Charles Osgood said the wild horses are vanishing.
• I would like to learn more about these wild horses – could you please do a news story on what is happening to them?
• More information please.

Thank you.

Last week more than 100 citizen-delegates gathered for the “March on Washington” in our nation’s capital. It was wonderful to see more than one hundred citizen-delegates, representing millions of Americans, gathered in our nation’s capital to demand that President Obama and Congress change course and fix the broken wild horse and burro program. Wild horse and burro advocacy groups and animal protection organizations united to step up the pressure on the government. IDA is proud to be a part of this distinguished group. Below is the statement read at the White House rally on behalf of Dr. Katz, IDA’s founder and president.

Dr. Elliot Katz, founder and president of In Defense of Animals, wasn’t able to be here today. He asked that I read this message on his behalf.

On behalf of America’s wild horses and burros, and in honor of Wild Horse Annie and all who have gone before us in this long fight, thank you for your work.  We look forward anxiously to the day that, together, we finish this battle, and America’s wild horses and burros finally receive the protections they so desperately need and deserve.

I am sorry I am not able to be with you today as we express our solidarity and determination to protect the well-being and future of America’s wild horses and burros.

As a veterinarian who has seen first-hand the horrors that occur in slaughter houses and who has seen the videos over the years of the terrible mistreatment of America’s wild horses and burros, I am deeply gratified by your presence here today, and by the work that each and every one of you is doing to put an end to the cruel and unjust policies our government is following.

As one voice together, we ask for an immediate halt to the cruel, abusive and illegal roundups of these treasured beings. I am very pleased for the cooperative efforts of the groups represented here – it is through the combined work of wild horse and burro advocates, animal protection and animal rights advocates that we CAN achieve victory in this important fight.  These combined efforts are exemplified in the presence of everyone out here today, demonstrating that together we can make a significant impact on the well-being of other species.

I am proud that In Defense of Animals has initiated a lawsuit challenging the legality of BLM roundups and long-term holding facilities, and that we have championed this cause for the past few years. As our lawsuit continues in federal court, we are deeply grateful to our legal team from Buchanan, Ingersoll and Rooney — Mr. William Spriggs and his entire team – and we are gratified to have such wonderful co-plaintiffs in renowned ecologist Craig Downer and noted children’s author Terri Farley.

This blog was contributed by Deniz Bolbol, IDA’s Wild Horse and Burros Campaign.

Senator Mary Landrieu (D-LA), friend to wild horses

Congress has begun reviewing the President’s proposed budget for fiscal year 2011 which includes the budget for the Wild Horse and Burro program under the Department of Interior.

Congress’ appropriations (budgeting) process is long and complex. Numerous committees and subcommittees review and modify the President’s proposed budgets for the various departments before they are ultimately approved. We want to make sure all committees and subcommittees that hold hearings on the Interior Department’s budget hear from Americans who want the broken Wild Horse and Burro program completely reformed. As the appropriations process proceeds we will continue to keep you informed of actions you can take to be sure Congress knows what you think.

Three Congressional hearings took place over the past week.

This Monday IDA initiated a 1-Day Action Blitz for Wild Horses & Burros. IDA members and wild horse advocate made their voices heard – over 6,000 faxes were sent to members of the House and Senate Subcommittees. Thanks to you, the Subcommittee members know of the intense national concern about our magnificent wild horses and burros.

On Monday, March 9, Bureau of Land Management (BLM) Director Bob Abbey testified before the House Appropriations Committee to justify BLM’s FY 2011 budget, which includes an additional $12 million for the controversial BLM Wild Horse and Burro program, as well as $42.5 million to purchase private land in the Midwest or East for long-term holding “preserves” for wild horses taken from Western public lands.

We are working to provide a recap of that meeting. Earlier on Monday, Secretary Salazar testified in the Senate Appropriations subcommittee – this meeting focused on renewable energy and other issues were not discussed.

Last Wednesday, March 3, the Senate Energy and Natural Resources Committee held a hearing (available online here) on the U.S. Department of Interior’s budget proposal. Thanks to all of you who took action last week opposing Salazar’s proposal for wild horses and burros, the senators heard you and both Senators Murkowski (R-AK) and Landrieu (D-LA) addressed the wild horse issue at the hearing. In opening comments Vice Chair Murkoski voiced her “concern” about the direction the agency and about moving more horses to the Midwest and East and not managing on them on their Western range.

Senator Landrieu highlighted her concerns of the program and specifically asked the Secretary what was being done to restore the millions of acres the wild horses have lost over the years. The Senator went on to express her deep concerns over the inhumane roundups during winter weather of ice and snow, and she pointed out that the “horses only have a measly 31 million acres” out of 500 million acres overseen by the Department of Interior. Salazar responded (looking at Landrieu and gesturing to other senators) that he’s aware of their concerns and that he is “not wedded” to his proposal , is open to better ideas and looks forward to working together.

This is a good first step, but we have a lot of work ahead. We’ll continue to provide updates and action alerts – so please stay tuned. The horses and burros need you to keep fighting for them … and please tell a friend about their plight. We need to grow this grassroots movement and that will happen one person at a time.

More than 130 people gathered at the Capitol Complex in Carson City Saturday to draw attention to what they claim is poor range science and the Bureau of Land Management’s mismanagement of wild horses on the federal land under the agency’s jurisdiction. (Karren Rhodes/Dayton Courier)

This past weekend, hundreds of Nevadans and horse advocates took to the streets to voice their opposition to the Bureau of Land Management (BLM)’s gross mismanagement of the wild horse and burro program. At Nevada’s state capital in Carson City nearly 150 people joined together for a hugely successful “Truth Rally” demanding that the BLM stop rationalizing its unsustainable and cruel roundup and removal policy. Click here for just one of the pieces of media coverage. IDA sent alerts to our Nevada members, inviting them to the Carson City rally and another in Las Vegas.

Some of the facts:

- Cattle given five times more public land than wild horses & burros: Currently the BLM manages more than 256 million acres of public lands of which cattle grazing is allowed on 160 million acres; wild horses are only allowed on 26.6 million acres of this – our public land – which must be shared with cattle.

- Cattle given precedence in wild horse and burro areas: In the horse and burro Herd Management Areas (HMA), the BLM allocates more grazing and resources for cattle than for wild horse and burros – often two or more times as much grazing is designed for cattle than wild horses and burros on the publicly-owned HMA. These designations are known as “Animal Unit Months,” or AUMs.

- The number of wild horses in government holding facilities (35,000) now exceeds those left in the wild (33,000 by BLM estimates). The Calico Mountain Complex roundup of nearly 2,000 horses is the turning point for the number of horses now confined in government holding facilities as opposed to those wild and free on the range as Congress originally intended. If things do not change, President Obama will go down in history as the president who allowed the stockpiling of wild horses to overwhelm the numbers of those left on their natural, historic ranges.

- The wild horse population today is smaller than in 1974 when the BLM conducted its first census after Congress protected the horses in the 1971 Wild Free-Roaming Horses and Burros Act. Members of Congress mentioned “extinction” multiple times during the floor debate of the Act, which passed unanimously due to grave concerns about these magnificent icons.

- Wild horses comprise a minuscule fraction (0.5 percent) of grazing animals on public lands, where they are outnumbered by cattle at least 200 to 1.

Just two of the dedicated protesters in Las Vegas . . .

Yesterday and today, President Obama was greeted in Las Vegas by wild horse advocates calling for a halt to the roundups and reform of the Wild Horse & Burro program. With much hard work and determination, the wild horse advocates were able to get four up close encounters with President Obama in his motorcade. Each time, they were holding different versions of the awesome banners that organizer Arlene Gawne produced and they are certain that Obama and his aides saw them and registered the message.

Yesterday, Gina Griesen of Nevada Voters for Animals and her daughter held banners as the Obama motorcade entered a housing development where the President was attending a $35,000 a plate fundraising dinner. Gina and her daughter stayed late and also caught the motorcade on its way out.

Today a number of advocates tracked Obama around Las Vegas catching up with the motorcade twice. On at least one of these occasions, they were in close proximity to the President’s limo, which was traveling very slowly and they could see him look straight at them holding their mustang freedom banners.

Advocates have also done numerous media interviews over these past few days.

These folks have worked really hard this week to bring the plight of wild horses to the President’s attention – and their hard work has paid off. Special thanks and kudos to Arlene for organizing this spectacular effort and to everyone who took to the streets to help the horses!

This photo taken from video shot by Deniz Bolbol, shows just how close the helicopters get to the horses when stampeding them into traps.

As IDA gears up for 2 Nevada demonstrations this weekend, (Las Vegas on Thursday, Carson City on Saturday), the BLM announced on February 12 that beginning February 21^st, the wild horses rounded up from Nevada’s Calico Mountain complex can only be seen on guided tours of 10 people per week during a two-hour window on Sundays. So much for BLM’s promised transparency!

The BLM announced in a news release that the strict new visitation policy is necessary “due to horse preparation for adoption activities (freezemarking, vaccinations, blood tests, deworming, aging and recordation of animal descriptions).” IDA is dismayed that humane observers such as Craig Downer will be restricted from performing their legally-mandated duties. The humane observers are the only eyes on the ground for the horses, and now they’re being told they must close their eyes for most of the week. But we have confidence that they will keep their eyes open and continue to reveal to the world the BLM’s inhumane policies.

The BLM also released a report claiming that 18 horses who have died or been euthanized since being captured in the Calico roundup “came off the range in poor condition” and those euthanized received “acts of mercy.” But astute observers such as award-winning investigative reporter George Knapp dispute the BLM’s claims that the wild horses were in “poor condition” before they were chased by helicopters, stampeded for miles and held captive in holding pens. Such cruel helicopter stampedes constitute much of BLM’s so-called “management.” IDA has little doubt that the Calico death toll will continue to rise during their inhumane internment, which even BLM admits can cause stress, disease and injury in captured wild horses.