SAN FRANCISCO — A three-judge panel of the U.S. 9th Circuit Court of Appeals heard oral arguments Wednesday from a lawsuit filed by In Defense of Animals (IDA), Dreamcatcher Wild Horse & Burro Sanctuary and others against the Bureau of Land Management (BLM) challenging the legality of last year”s Twin Peaks wild horse and burro roundup. The courtroom was filled to capacity with horse supporters, requiring a second room with a video monitor for the overflow crowd.
IDA said although the Twin Peaks roundup has already occurred, a favorable ruling could set a precedent that could force the BLM to fundamentally change its current mismanagement of wild horses and burros.
IDA Board Chairman Elliot M. Katz, DVM expressed his gratitude to pro bono attorney Rachel Fazio “for fighting for America”s iconic wild horses and burros.” “Ms. Fazio did an excellent job arguing that the BLM”s indiscriminate removal of almost 1,800 horses and burros from the Twin Peaks Herd Management Area would irreparably harm plaintiffs, the environment and the horses and burros,” he said.
“We believe that this appeal clearly demonstrates that the BLM violated the Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971 as well as the National Environmental Policy Act in the Twin Peaks roundup,” Anand Ramanathan, IDA CEO, said. “We believe that the BLM failed to determine that a single horse was ?excess” in accordance with the WFRHBA and that the statute expressly forbids relocation of wild horses to long-term holding facilities outside of their native ranges.”
According to IDA, more than 20,000 wild horses are currently in such long-term holding, mostly in the Midwest.
One judge read from the WFRHBA, saying that the statute mandates that roundups be conducted in a specified order and manner: first, old, sick, and lame animal are to be humanely euthanized. IDA said this was not done and claims it is never done by the BLM in their many roundups; IDA said instead, they go in and round them all up at once. This failure by the BLM to comply with the statute ? which results in old, sick and lame horses being stampeded by helicopters, a direct contravention of the law, Congressional intent and humane treatment ? also was a major argument in the lawsuit and appeal, according to IDA.
“In 1971, Congress found that these horses are an integral part of the environment, and rejected the ?range” approach currently being pushed by Interior Secretary Ken Salazar,” Dr. Katz said. “By failing to demonstrate that a single horse rounded up at Twin Peaks was interfering with the herd management area”s (HMA”s) thriving natural ecological balance, we believe that the BLM violated the law.”
IDA said one of the judges asked if the BLM violated the statute, could the court mandate that the horses be returned to the range. IDA, Dreamcatcher and the other plaintiffs strongly support this remedy, IDA said.
The Twin Peaks Herd Management Area is located approximately 25 miles northeast of Susanville. Highway 395 borders the HMA to the west. The HMA is located in both Lassen County and Washoe County, NV. A total of 798,000 acres are managed for wild horses and wild burros. The herd size is estimated at approximately 448 to 758 head of
According to the BLM some of the original horses in this area descended from Spanish stock. Today the herd is descended from US Army Cavalry remounts released prior to the and during World War I and historic draft and riding ranching stock. Burros likely originated from historic sheep operations in the area.
