Update: NYC Court Denies Wild Horse Injunction

Informal update by R.T. Fitch

Detailed Press Release Coming Soon

This is not a formal release but we wanted to let the Equine Welfare community know that our request for a preliminary injunction to stop the Colorado North Piceance roundup has been denied.

We found out very late last night and really wanted to sleep on it before going public, hence the delay.  There’s a certain amount of defeat felt by the team as we did not manage to do what we set out to do which was to keep the horses on their range, but there is a degree of satisfaction in the fact that we set a precedence that had not been set, before.  That’s the fact that the court recognized that removing wild horses from their rightful homes causes irreparable damage as outlined in Dr. Don Moore’s excellent testimony.  Americans are harmed when their iconic wild horses are stripped from the land and the court agreed, unfortunately it did not carry the weight to argue the legal point that the BLM uses bad data, old numbers and rubber stamps these roundups where horse herds are permanently and forever removed from their homes.

A valiant effort was made by our legal team and we are forever in their debt for all of the blood, sweat and tears that went into trying to save these horses.

We wish that we had better news  but we wanted to get this update to you and thank you for all of the good wishes and support.

We are not going away.

Order can be viewed (HERE)

109 comments

  1. I know everyone appreciates all the effort that all of you put into this. Thank you all so much for trying.
    When will the horses ever get a win? I’m sure eventually it will happen, but I fear that will only be when it’s already too late.

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  2. I also appreciate the effort it took to try and get this injunction, but I agree with Valerie
    will they only realize how wrong this is when its too late. What will our grandchildren
    and future generations say about these decisions that are being made by our government at this point in time,and what kind of legacy are we leaving them.

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  3. We must unite and take a more aggressive approach, a unified march on DC (I live there) would get national and international press that will get more of the public involved! Look at the mountains that the French citizens move?

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    • YES! A unified march/rally in DC!! Geez, lately everyone else is having one. We would need an adequate showing. With planning, maybe at least 200. We got this amount in 2008 for an Alex Brown/FOB lobby/conference in DC!! This is so needed. THE major way for NATIONAL ATTENTION. Just think of all the info we could deliver at one place in one day!! Banners, flyers, *interviews, *TV, *PRESS… (((CONGRESS)))) One-great-big-push! The horses are waiting. IT IS TIME. AN ALL-OUT!

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  4. I said on another post that whether the advocates won or lost this decision, there is so much work that needs to continue and damage to repair. Whether we (more importantly the wild equines) win or lose, this is a forever proposition.

    We are never going to go away.

    Thank you RT and associates for trying…this war is far from over.

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  5. MAKES ME SICK THAT OUR OUTCRY TO SAVE THE HORSES HAS BEEN DENIED…THERE IS JUST NOT JUSTICE IN THE USA ANYMORE, THE ALMIGHTY DOLLAR BUYS THESE JUDGES, WHO KNOWS THE JUDGE MORE THAN LIKELY IS A CATTLE MAN….SICKENING, HOPE HE SLEEPS WELL AT NIGHT KNOWING THAT HE HAS JUST SIGNED DEATH WARRANTS FOR ALL THESE HORSES.

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    • Sharon, I don’t think so. I read the 32 page decision and he clearly showed what it was based on IN LAW.
      I think we need to get an amendment that would require the BLM to update data on the AML instead of being able to use the OLD data as the land and uses are a constantly changing environment.
      I do not understand why the fact of the “viable gentics of the herd” were not considered. How do we get that into consideration.
      The law is a twisty turny thing with sooo many loop holes.
      I cried half the morning after reading the quick update.

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      • Shirley said, “I do not understand why the fact of the “viable gentics of the herd” were not considered. How do we get that into consideration.”
        Excellent point.
        Every time you write a letter/objection/comment to BLM or to the media or governmental official, include information (both general and specific to a particular roundup) on genetic viability of the horses/burros. Keep that very important issue on top of the pile whenever possible. We not only want the surviving animals in quantity but in quality … as nature sees fit to do – not as BLM sees fit to do.

        Here is some information:
        BLM Instruction Memorandum No. 2009-062 which states: “Background: Most wild horse herds that have been sampled exhibit moderate levels of genetic heterozygosity. Based on this analysis, approximately 12.5% of the herds tested have heterozygosity levels … below the assumed critical level of .310. Approximately 15% of the herds tested are within just 2% heterozygosity (.330) of the critical level. A population that is maintained at less than 100-120 adult animals may begin to lose variation fairly quickly. The herds that are just above the critical threshold level could drop very quickly.” http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2009/IM_2009-062.html

        My Comment: Are you aware that this critical level has already begun in our wild horse herds – see recent BLM Montezuma and Paymaster Wild Horse roundup which had four out of the first 54 horses gathered showing club-foot deformities. This is a frighteningly high percentage of an inbreeding abnormality and to make things worse the post gather population goal was only 26 total horses which will obviously cause more inbreeding deformities. Who is it that is making these unscientific decisions? I would like to see that person’s educational credentials! Where is common sense?

        The scientific community is in agreement that in order to eliminate inbreeding and thus genetic defects such as cataract blindness, dwarfism, parrot-mouth, or club-foot deformities a wild horse herd population must be equal or above 150-200 animals (100-120 adult breeding individuals). As an example, Dr. Gus Cothran, a leader in the field of equine population genetics and Director of the Equine Blood Typing Research Laboratory at the University of Kentucky is in agreement and based his theory on DNA analysis. After many years of research, Dr. Cothran believes that the minimum wild horse and burro herd size must be at a minimum, 150-200 animals. (A number of variables such as an unbalanced sex ratio in favor of males would cause this minimum number to be revised upward. Unbalanced sex ratios with many more males than females already occur on at least some of the wild horse and burro herd areas.)

        Please keep genetic viability (healthy herds) in the forefront of our fight.

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    • It is unfair to assume that this judge was ‘bought’ by BLM or the government. It seems to me that the case just lacked the legal legs to stand under such a huge load. There’s probably a better direction to go. The laws are compicated. Progress was made, but not enough- yet.

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  6. My sincere thanks to all who tried . As long as we try there is no failure. We will keep trying and keep learning more .
    Be sure to see Cincy’s lastest blog and send in your comments on the RMP due the 25th.

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  7. It looked pretty dark during World War II. We have only been at this for a year–just one YEAR and look how far we have come. Look how many more people are NOW AWARE of this injustice and how lopsided our justice system has become. There is MUCH more here at stake and one battle does not predict the outcome of a war–far from it.

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  8. R.T. & all involved, thank you so much for your efforts in this! I am saddened that no one in our government or judicial system seems to think losing our wild horses is NOT ok. Still we WILL fight on for them.

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  9. I have a environmental case before the Second Circuit for over 20 years and have read the many ridiculous opinions over and over again till I can recite them verbatim. The law can be twisted and pulled into taffy so it always comes out in a gooey mes for the plaintiff. I’m saddened for all the efforts of so many well intentioned people but our representative government only represents special interests and the so called “gate keepers” our Federal Courts lock us out. I have always believed there is a conflict in the BLM’s management of our American Mustangs as required by the “Act” and its obligation to manage public lands, and I think that is the argument to make both judicially, politically, and publically. It worked in the Gulf oil spill. In any case we must not allow the strong hand of our government take our mustangs from us. Thanks for trying.

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    • Frank ~ You are absolutely right on this point. There has been a conflict of interest ever since the BLM was – wrongfully, IMHO – the management of our wild horses in the first place.

      Now, if we could just get some traction SOMEWHERE…..

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      • Going to just keep moving~Nothing going to BREAK MY STRIDE, ANI’T NOTHING GONNA HOLD ME DOWN,,,,,I GOTTA KEEP ON MOVING and so do all of us….
        Alway’s in the back of my mind, someone, someday,that works for the Bureau of Liars and Murderers, will step forward with documented evidence of all their wrong doing’s. He/She will have had enough and a conscience will be what brings this into play, that’s what I say, gutt feeeling..Praying as always and always BELIEVING, always, Thank you Lord……..and thank you all who have fought..for the Horses<3

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      • May be we need to all agree on that point and promote it. There are legal grounds for conflicts of interests but some depicting our American Mustangs in cages while our land is mismanaged by the BLM for other interests like Ronald Mcdonalds greed may make some heads turn.

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  10. Oh my. I was so hoping. But tomorrow is another day, and we will keep fighting. Thanks to all involved in this effort. You have moved the ball in the right direction. We will not stop until our wild horses are safe.

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  11. Well done for all your hard work…it will come right in the end.. as it is being brought to the attention of some who not be aware…..you all deserve a medal…

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  12. This is a slap in the face from the BLM………saying how dare us, us the land & wild ones owners try to make them obey the laws set forth to protect the creatures. Why in God’s name did the courts allow this to continue. Aren’t our arguments good enough? What the hell happened? We need to investigate the Judge & everybody else involved in making these decisions. If what we present in court isn’t good enough, will it ever be? The BLM are violating our constitutional rights by moving these animals, not allowing us to take part in it & we are the ones in the wrong? Don’t get it. Maybe we need to try a different tactic. Something the court has no control over………The entire nation needs to stand up against the BLM & the Government above them to finally expose them for what they are.MONEY HUNGRY SELLOUTS TO THE AMERICAN PEOPLE. I STILL STAY WE NEED TO GO IN THE THOUSANDS, STAND ARM IN ARM ACROSS THE VERY PATH THAT THE HORSES ARE DRIVEN. GET OUR OWN CHOPPER UP THERE TO STAND OFF WITH THEM. LET’S SEE HOW THEY MANAGE THAT OR DO THEY OWN THE FRIGIN AIR SPACE TOO?????

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    • The days of crossing the Delaware in row boats, and patriots wielding swords on horseback are over. We have lost this place to special interests with guns, helicopters, riot gear, and missals. The end of America is at hand. For America without mountains, oceans, and MUSTANGS is just another Baghdad.

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      • Frank, I agree with your words. If we haven’t already lost this country we are inches away. It is the special interest groups who run the gov. As much as I would like to blame this all on the weasel salazar and abbey, I believe they are ignorant, spineless jerks that dance too special interests tune.
        salazars brother john is up for re-election in my home state of Colorado and Scott Tipton is giving him a run for his money. Please everybody who reads this that is in Scott Tiptons district, please support Tipton. John Salazar votes against the horses and is a colossal weasel just like the ever rotten ken salazar.
        As for today’s ruling for once I am at a loss for words….I feel this is the ultimate fight of good against evil….

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      • Right again, Frank. There are those who already call our country a “Corporateocracy” and that is all to close to being true. This is a perfect example. If we could just get more people to see that, and convince them that there is still a chance to do something about it.

        Salazar talks about “industrializing” the West. I wonder how many Americans actually WANT that? Only the ones who stand to profit directly, I’ll bet.

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  13. A huge disappointment but at least an important step in the right direction has been made, however small. I appreciate so much the efforts and dedication of all who have worked so long and hard on this. You are heroes in the truest sense.

    As a post above noted, we have made great progress in getting the word out and there have been significant legal steps forward as well, although not the end result we all hope and pray for.

    Again, thank you to all who participate in whatever ways you are able.

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    • Louie, we HAVE to find a way to change that ten year old Law (rule) that the BLM follows. The judge clearly stated cases that the were used to prove the BLM HAD to follow this out dated and useful only to the BLM objective of exterminating our beloved horses. Until that is changed, BLM cango back and show that they “had” to “gather” a whole herd. Its all in that damned Burns amendment.
      R. T.and the Warriors worked so hard for our horses. Thank you, Thank you all.

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  14. I thank the team for the valiant effort they all put forth, I am so very disappointed, with all my heart and soul I wanted so badly for this to finally stick, what do we have to do to stop this tragedy????? The American tragedy continues, but i am sure not even one person here will be stopped from trying , I know i will never stop ……….. Not this one thing can stop us……………..or any other …………My Heart Breaks for the Wild Mustangs……………..The tears continue but , through all this somehow I have faith that the efforts here and everywhere will prevail through the dark, news…………….of today !!! Nothing worth fighting for was ever easy !!! So Please everyone keep the Faith coming…………. There is Justice and we will find it ……..Of that I am Sure………….

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  15. This just shows you that NONE who have seats in the courts have a CLUE on the reality and that they fall for the ongoing propaganda of BLM. The rogueness of this agency is a shame to the world, their lies and corruption are taking over to the point where the ony thing maintaining any hope would be a true revolution. The extent of damage that is done by this ignorance and greed are shocking, the naivete of this judge is shocking and I am ashamed to live in a country, whose pride and character boils down to become a land of the NOT free, a land of liars and phonies, whose principles are not reflecting what America once used to be about.
    America was built on the back of those these people are condemning and persecuting. Truly, these people can’t call themselves AMERICAN ???

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    • My thoughts exactly, Monika. HOW can these judges be so BLIND? Even when they tell the BLM to do something, and the BLM completely ignores their order, they just seem to ignore it. If this were you or I, could WE get away with thumbing our noses at the Court? It’s sickening.

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  16. I’m crushed RT. Just so crushed. Why are our horses being removed from their rightful lands. Is there not a judge willing to stand up to the BLM? Do they have that big of cajones? I know Washington has a LONG memory–is someone threatening the judges with some kind of reprisal?

    Thank you for letting us know. As crushing as it is we need to know.

    I guess their new names should be horsehaters united. That if you fall into the category of the horses need to be managed, rounded up, inprisoned, and put in long term holding someplace other than there rightful lands–you qualify as a horsehater. And at the top of list is non other than President Obama.

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  17. Sorry RT and hugs……don’t take it too hard. Our court systems is always a crap shoot. I am going to read the order, and give my take on it. I have read many many court orders over the years.

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  18. It’s a sad, sad day, BUT you all have done so much and have much to be proud for……….And we continue to fight!

    Thank you R.T for always keeping us in the loop, you are very much appreciated.

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  19. We need ONE centralized LEGAL FUND for this. There was MUCH MORE gained in this lawsuit than even anticipated and we need to continue forward. This is a multi-pronged, grassroots movement. The court system is just ONE aspect and ONE battlefront.

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  20. Thank you RT and all involved for everything you have done and are doing for the wild Mustangs. As my heart aches, my soul wails and my tears flow I am ever so grateful for the honourable who stand up and fight for these amazing animals. I am also grateful for posts such as the one before mine made by Arlene and others who keep the faith and encourage us all to do likewise. God save the wild horses!

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  21. THERE IS NO JUSTICE!!! NO LIBERTY FOR OUR WILD HORSES, OR FOR US! ….WE MUST FIGHT HAVE A REVOLUTION!!! Unless we do we end up just like the Mustangs!!! What on earth has happened to the land of the FREE and BRAVE???!!!! This is like a “NIGHTMARE”!!!! …..PEOPLE PLEEEEASE WAKE UP!!!!!

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  22. Thank You Louie , thats a great Idea , to pull our forces and funds all together in one place and then file again, awesome ……….there is great power in Unity !!!!!

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  23. Many thanks to everyone for their hard work. Even though things didn’t work out as we had hoped this time, every case brings more wisdom on building the next.

    Couldn’t get the PDF to download and viewing it didn’t work very well. Hopefully I can find it somewhere that’s more “friendly” to my old computer.

    I did manage to see the Winter case was cited, which was no surprise. Depriving a person of something they find pleasurable, or even valuable (in a non-monetary sense) means virtually nothing in our courts. So much for “the pursuit of happiness”.

    As I’ve been told and said myself, “the pursuit of happiness” is not a promise or a guarantee. It’s essentially meaningless, “feel good” window dressing. I believe Jefferson’s original wording was “the pursuit of wealth”, but was changed to what was considered a more lofty goal.

    Let’s face it, “wealth” is what this country has always been about and has led to the mess we’re in today. “We the people …” are continually forced to bow to the dictates of “We the government …” and “We the corporation …”.

    I’ve never held much general affection for the French, but recently I’ve begun to change my views. “Takin’ it to the Streets” (Doobie Brothers) may be not just an option, but a neccesity if “We the (common) people …” are to survive.

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  24. SIMPLY HEARTSICK & A DESIRE TO PUKE. WHAT ON EARTH DO WE HAVE TO DO IN ORDER TO REACH THESE SONSOFBITCHES???????? WE WILL STAND TALL FOREVER WITH THESE HORSES THAT ARE ACTUALLY OURS!!!!!!GOD BLESS THEM ALL & JUST WISH EACH & EVERY BLM PERSON & ALL THAT CONNECTS W/THEM WOULD JUST DROP DEAD, THEN THEY PERHAPS CAN TRY & EXPLAIN THEIR ACTIONS TO THE DEVIL SINCE THATS WERE THEY ALL WILL GO, STRAIGHT TO HELL!!!!!!!!

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  25. Not surprising but nonetheless disappointing ! Your efforts, and dogged determination is just a marvel..Someday we’ll win some of these court battles. Nice to find you are still able to realize a positive in all the negatives. In awe that ya manage to keep up the morale of us all RT. Keep the force alive, I meant keep the horse alive!

    Keep up the hard work.!

    Many Smiles,….
    lj

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  26. Hopes were high. That said, we have been here before, and with “defeat,” we receive renewed strength and determination. We have proven and shown that we continue on with the fight For The Horses. We now are multi-organizational with many “fronts.” This is Power. From the rallies across the nation to round-up observers to petitions to as many court cases as it takes… It is NOT a cliche to say: We Can Do This. I continue to believe, to trust, that truth prevails and wins justice. xo

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  27. Extreme circumstances, require Extreme Solutions, now we really know where the Wild Mustangs stand with the courts…………………………..We are strong, and we will find the answers……………………. There are many court rooms !!!!!

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    • Arlene,
      You live in Ohio? President Obama is desperate to win Ohio. He’s been there 11 times in the last few weeks. It is a critical state for him. If you have time, you might want to send some of these press releases to your local media or maybe someone will pick it up.

      We’ve got to get the media to get accurate information to the people. The story of our wild horses is what it is because of how the DOI wants to use our public lands which will basically destroy vast areas of the West. Even if someone didn’t care a wit about wild horses, they ought to be paying attention to this story. Even if someone didn’t care about what happened to wild horses or the West, they ought to be concerned about the government corruption. Whatever the federal government can do in one state, it can and will do in another.

      We’ve got to think outside the corral.

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  28. We have to look at what part of the WH&B program that is working enough for us to use it to protect the wild ones as they come off the range. Adoption. We need to put together a Public Foundation and begin to adopt whole herds as they are being removed and negotiate for lands to place them on permanently and be managed by those who have workable management proposals. Processing destroys the stallions and pzps the mares. We must intercede and stop the gender based actions that destroy the future productivity of the captured wild horses.

    This may seem like a huge undertaking but, for every wild horse we can adopt or buy that horse will be free of BLM and can become part of the wild horse and burro herds we place and manage for and by the public on Real Sanctuaries. I say we must jump into this and save our wild horses and burros from this violence and disenfranchisement. Watch BLM quote the 1971 Act and try to use it against us! But the only way we can SAVE All The Wild Individuals is to adopt all of them! We have some wonderful minds and people who could help us get through this and find proper and legal lands for placing wild horses on.

    Isn’t that they wanted all along? For us to take over the management and expense, the protection and the preservation? This would be the way to save them NOW, through the system. The system will just have to get worked on too. Wild horses will have to have the privilege to run on grazing allotments. This is possible. It only takes a signature to change this policy.

    We need to save those who are being removed from their homes so they may live and breed and enjoy their families again in a manner that we call ‘freedom’. If we do this we can approach BLM to allow us the ability to move horses to preferred ranges. If they cannot stay where they are then lets find where we can take them.

    We need to stop all the action and move it into our ‘court’ and demand the government deal with us and solve the situation created by BLM and the take over of the wild horse and burros lands. They have taken their lands and we require adequate lands in return. If we can ask for all the wild ones to be adopted by the American Public then they really become OUR wild horses and burros and no longer can be managed by BLM. It may be the end of one era but it would be the beginning of another. The way we are going all our stallions are being gelded and mares are about to get experimental and damaging new drugs. This war against our wild herds must end. We lose more individuals every day. This is already a rescue operation. Let’s treat it like one! mar

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    • Mar, You are an inspiration! Your idea might just work! Maybe, even for those of us who can’t actually afford to adopt a wild horse, if we could at least donate to the cause, & help adopt whole herds(unsterilized!!), that would be great! The biggest obstacle is securing appropriate land, then the horses would indeed be “publicly owned”.

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    • Thanks, Valerie. I am deadly serious. We cannot watch them all taken away to processing. We must find halfway points and places to hold them once we can adopt them. But we must begin at some point. I think we need to write an initial proposal to adopt all the horses from the recent roundups and try to intercede and keep them whole. We need ‘landing places’ then for them to go to after being adopted. These places can be existing feed lots where the wild ones can be seen and cared for while we secure lands for them. This may become very complicated and very difficult. It could help stop the roundups when we have our act in gear and we can say we have an alternative to removals and processing. If we do not try this very real, Hands On Approach we may never get near these animals again.

      We need a dialogue and advocates to contribute what they Know and what we need to get done ASAP. If you have a better idea, fine. I see this as working as soon as we step up to begin and make commitments to wild ones for life. mar

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      • If we are willing to lead the way and create this alternative we can save horses from the gender processing they are being forced through by a very outstanding BLM policy for the destruction of our wild ones. This is the path of least resistance and we can alter the law this way also. But Our Public Herds are Not public under BLM management. mar

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      • We all need to get talking with each other and finding places to bring wild ones to for temporary placement to final range lands. But we need to ACT and go in as many directions as possible. Even if we do not adopt ALL of them right off we must go for interceding and preventing gender processing Right Now. So we need to approach and adopt all the CO horses removed just now from Piceance and also Adobe Town/ Salt Wells in Wyoming. This is a big deal but we may save horses right off the top. They can go into the system but we need to ask for stallions not to be gelded and mares and fillies to be pzp free.

        We may be able to get this started just slowly enough to be ready for the adoptions and to have headed off gender processing. That will be very important and may mean ***we come up with adoption fees and a formal request for stallions and colts to remain intact in order to make BLM comply.

        We need to form an adoption Foundation Now and get it 501c3, too. mar

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      • If we could keep all our horses on their lands it would be wonderful. It is not happening.
        Sanctuary is a word and an idea that we can use. It does not mean what Salazar wants it to. Our horses need to be saved from BLM and live to survive and reproduce in a natural setting with little interference from people… in a real sanctuario! mar

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    • Once gelded and the DNA of 500 years is lost so are any hope of ever seeing American Mustangs again, no matter how many live on sanctuaries. I read about strangles and distemper at some of BLM’s jails. Seems time is almost up. Call me a nut case if you want but we are rapidly running out of energy, why else would we cut the tops off our mountains and poison our oceans? Someday we will need to look back to a time before oil to see how people survived. There is no magic bullet. I strongly believe horses might play a role if only a minor one in our survival. What is happening now could very well end any hope of us managing a future without energy. One errant virus like happened in 1900 that killed thousands of horses and stopped this country in its tracks can happen. Without a viable gene pool of American Wild Mustangs and sufficient numbers to breed into we will have to scratch our fields with our fingers and carry our loads on our backs.

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    • I may be missing a few hoof beats, but isn’t this exactly what Madeleine Pickens is trying to do.

      This has been Salazar’s plan all along since we were not overjoyed about his plans. He’s been gathering them up and holding them where he can just put them on trucks and ship them across the country.

      I have been on the adoption gone wrong side of the adoption process. Mustangs are healthier and have better feet than domestic horses, but they need more time and very gentle handling to bond with a human—especially if they have been traumatized. Then you need to find a trainer, if the horse is not already trained, and not every horse trainer can work with a mustang. Too many BLM horses have had horrible adoption experiences, and then someone who calls themselves a rescue comes along to supposedly help, but only ends up making matters worse. Our rescue is set up to treat rescued horses’ medical needs, rehabilitate them, foster them, and find them permanent homes. We are not set up to hold horses in long term care, but that is what we have become for some horses both wild and domestic.

      There are groups like the Mustang Heritage Foundation and the Extreme Trainer’s Challenge that work to get BLM horses gentled and adopted through incentives to trainers. The problem that BLM horses have is the same problem that many domestic horses have who end up in rescues, and that is the need for training.

      I think it is too soon to give up on keeping some mustangs wild and free and returning them to the range.

      We have to continue to fight for our horse’s freedom. Write your hometown newspaper, your church news letter, make flyers and hand them out at the polls, maker banners and sign up to march in parades, get to the schools and get children involved. Children know what is right and what is wrong. Send stories to every media outlet you can think of. Donate what you can to Grass Roots Horse and HfH. I am caught up working on a fund raiser for our horse rescue for another week of so.

      Ranchers should be paying attention. Our fight will have implications for how the land their cattle are now grazing on and the water supply are used. If they think that they have won, they are going to be bitterly disappointed.

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    • I know where we can lease large amounts of land that is completely suitable for wild horse/burro habitat at a very reasonable cost – about $1.35 per month per head. Yep… gazing permits from BLM. Use BLM’s own regulations in favor of the wild ones … for a change. Per Webster’s Dictionary and the California Civil Code, horses [and burros] are legally defined as livestock (see below). So why can’t WE get grazing leases on BLM land for OUR livestock – our adopted Wild Ones. What are the requirements to get a grazing lease? Is this idea possible?
      I know that our Wild Ones already DO have legal rights to remain on our public land … but as we know, this is being thrown in our faces and to the detriment of all the animals and time is running out. So until we can get back what is rightfully ours (land and animals) why not play the BLM game and lease the land from them and put the horses/burros back where they belong. Does this make any sense to anyone or am I finally showing signs of senility?

      Webster’s Dictionary (1977) defines livestock as animals kept or raised for use or pleasure.
      Livestock in the California Code of Regulations
      Judy Baskin of SMCHA has provided us with the following research results (2001) confirming that horses are livestock as defined by regulation:
      California Civil Code
      · Section 3080. “Livestock means any cattle, sheep, swine, goat, or horse, mule or other equines”.
      http://www.bayequest.info/horsetalk/livestock.htm

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      • Yes, this is what I had in mind, also. If they do not want the wild herds and we do I think that finding the best suitable grazing lands will be Very Possible but will we have to fight every inch of the way to secure the horses? Can we pull off the best possible land agreement and hold onto it? Many things to explore and attempt. But, we know we can save horses by adoption. Just how many can we really get?

        Grandma Gregg said;
        “I know that our Wild Ones already DO have legal rights to remain on our public land … but as we know, this is being thrown in our faces and to the detriment of all the animals and time is running out. So until we can get back what is rightfully ours (land and animals) why not play the BLM game and lease the land from them and put the horses/burros back where they belong. Does this make any sense to anyone or am I finally showing signs of senility?”

        Something along these lines would be excellent. I feel that securing lands is something that is owed these horses but BLM will never see it the way we do. None the less this is part of what we need to look at. Grazing for wild horses can be made
        a done deal as it is NOT Law they are excluded. It is only a policy that can be signed away with ease. At the discretion of Salazar or even Abbey. It ia all worth a try. The rights and protections the wild ones are losing are SIGNIFICANT! Like a sore thumb… and we may be able to use this to help keep them together and running free. mar

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      • Mar-
        Of course, nothing is as easy as it should be. There are regulations that need to be met in order to have BLM award a grazing permit [see “base property” info below, for example]. This will take some work on the part of some people who are familiar with or are willing to learn this process and can imagine the idea would not go over well with BLM and thus the person/office that makes the decisions on the awards but from my ignorant and optimistic perspective … I don’t know why the idea shouldn’t be looked into. It might even work!

        Per BLM site:
        To acquire a grazing permit on public lands the applicant must own or control private property that has been recognized as base property. To obtain a BLM grazing permit an individual must own or control a base property. This typically happens when an existing base property is sold or leased to a new individual. After buying or leasing a base property, the new owner applies to the BLM for the grazing permit attached to the property. Private land base property ranches are sold and/or leased by an individual contacting a Realtor that specializes in selling ranch properties. Prior to buying or leasing a ranch property it is advisable to contact the BLM Field Office that administers the grazing permits in the area of the base property. BLM has information on the status of the grazing permit attached to the base property, including the terms and conditions of the grazing permit and other important information. The owner of a base property must file an application to obtain the grazing permit with the BLM field office. Assuming all the qualifications are met, and that the permit is in good standing, BLM will process the application and award the grazing permit to the new owner/controller of the base property.

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      • Great info. This is good and land can be Leased as base property… that is helpful… This will lead somewhere for sure. Much to expand on and go after. Thanks, mar

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  29. Dont forget there are Elections coming up, find out make a list of horse friendly candidates, and vote out all that are not, there are more ways then one to skin the BLM……….(suppose to be cat but we love them ) Yes vote out every incumbent that is not horse friendly its a start, there are 182 co sponsors on HR503 SB 727 both to stop horse slaughter we can start there also…….. abolish horse slaughter for starters, see the senators on there is list !!!! on thomas .gov,

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    • I think the public record is pretty convincing that Harry Reid is no frield to wild horses. He authored some of the legislation that is now working against wild horses. To think he had the audacity to act like he was concerned about wild horses when advocates gathered in Washington trying to get the letter signed by members of Congress.

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  30. Thanks for keeping us informed, &, more importantly, thank all of you for your tireless efforts on behalf of America’s wild horses. I am reading this heartbreaking news through my tears, it’s hard to see any good, when there’s so much bad. All I can say is, “Why??” What will it take to stop this madness, when will people wake up??!! I do not, for the life of me, understand, why we can’t stop the BLM, they are NO different than you or I, they are still just people. I know there are many, many good, decent people, as proven right here, but, I have completely lost all faith in our government. So much for “by the people, for the people”, our government doesn’t care, they are on a one-way trip to self-destruction, & want to take all of us, & our hopes & dreams with them!! Why is it that they are so blind, when we see clearly? How can they continue to turn deaf ears to us, & continue, unrelentlessly, to destroy these special creatures!! What will it take!!??

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  31. You should not be discouraged by this ruling – this was a VERY good judge, who had at least one good law clerk, who took a lot of time on this – this wasn’t just a canned ruling. Clearly he enjoyed the novelty of the case, and really spent a lot of time looking through the legal precedents, federal law etc.

    He gave a wealth of very valuable information in this ruling, a WEALTH. And I am sure you attorneys are all over it.

    Don’t be discouraged. I consider this a strategic win.

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      • ……..and the judge went to great pains to demonstrate that.

        Nell, he most certainly did. He stated and followed “rules” One thing that puzzled me was that he gave credence to certain BLM statements that we KNOW are wrong. 20% increase in herd numbers – and that would cause them to have to “gather” sooner and cost more, than their plan of gathering every 4-5 years.
        Wish there was a LEGAL way to bring in the suffering of the disbanded families. I guess animals are not supposed to have feelings.

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  32. I had hoped for a better outcome. Then maybe the rage, heartbreak and tears would stop. Thank you so much to all those who tried. I know we have only begun to fight.
    I’m all for lining up in front of the trucks. I’ve heard this compared to the civil rights movement. But we have yet to lay it all on the line like those people did. Just let me know when and where and I’ll be there come hell or high water! The idea of adopting horses and freeing them on land is a good one also. And keeping up the fight in the courts as well as working through the government. There are many fronts as was stated. But I fear time is of the essence! I will never stop praying and believing. It’s always darkest before dawn.

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  33. The data WAS in front of him………never know how a judge will rule….just never know. BUT… we are right ! and they are wrong. The judge has no balls for going against the feds. But WE have balls and more !!!! This is a rightious battle.. win,lose or draw, we fight for the truth and for the ones with no voice of their own and this alone God will bestow blessing on us !!!! Not all evil wil be concuered in this world but they will pay the ultimate price for allowing the horrors to continue.

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    • I do understand what you are saying, Neil. But the horses are still being rounded up, dying horrible deaths, the survivors being sterilized and then disappearing forever. Time is running out.

      I could be more patient with our ponderous legal system if we weren’t talking about the death and suffering is sentient beings whose numbers are growing too few.

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  34. A valiant effort, RT and company! A deep breath, a moment to reflect, and forward still we go. Stay the course, my friends, stay the course!!

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  35. Frank and Mar, this a great Idea, i am in with any help i can give from OHIO, just let me know what to do to help, this must be a swift effort before the Mustangs lose everything………………………

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    • NO, it was proven to have followed the OLD outdated law to the letter (if not the spirit) That’s why I say we have to find a way to change that. In their (BLM) rules they follow, they have NO injunction to update the old information they follow (1997)
      The plan was made then.
      I wish everyone would wade thru the Judge’s decree. He really worked at it.

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  36. I have tried to write something here and it just isn’t going to be. I DO THANK those who have worked tirelessly and spent so much to this point to hope for a different outcome. Someone will have to enlighten me as to how the ASPCA was denied and why protection for the horses was not merited.

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  37. Mar’s plan has great merit. Think what could be done in ONE HUGE COALITION.
    There are many talented organizers here–raise your hands

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  38. At least we’re all venting. I’m sorry for hogging so much space but frustration makes me pound these keys. There is president for a “Conflict of Interest” as set forth by the Gulf oil spill. I’ll try to link it here. http://washingtonindependent.com/96279/new-conflict-of-interest-policy-for-federal-employees-overseeing-offshore-drilling
    O well, in any case between all of us regardless of standing or merit, or legal double talk we need to take one unified position. There is a clear conflict between the BLM’s mandate to manage Americas Mustangs and special money interests. Anyone want to file more Federal Cases? Or pursue this?

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  39. Wow KA Schaaf, Happy to know you, and know there is someone here in Ohio, with me. I do the same as you write , call ,email Pass out awareness flyers in my store…….. Since we dont get to much hands on in Ohio……..I used to go to Vegas all the time , whenever I could to see the Wild Mustangs they were spectacular, then they they disappear ed to my dismay , started checking where they were and low and behold I discovered 5 years ago that the government the BLM was taking them, so ever since I have been fighting for them………………….. Their shear beauty and Pride are embedded within me, I will always remember that beautiful sight,,,,,and sound……….. I have owned a few racehorses and do help out a friend who now owns them…………..they also are wonderful and loving !!!! I am here to help in any way that i can for the Wild Mustang…………………….His Beauty, Pride , nobleness and courage should be an American right and privilege to be able to see them any time our hearts need to…………………..

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    • arlene- there are many of us on facebook trying that venue to spread the word. R.T. has a page- you can find me there. You never know who is watching these posts, thus I hesitate to post my email addy. thanks for the fighting words!

      Like

  40. Bureau of Lairs and Murders have clearly broken the Law on many counts just choose one and we run with it for all it is worth……………

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  41. “What is man without the beasts? If all the beasts were gone, man would die from a great loneliness of spirit. For whatever happens to the beasts, soon happens to man. All things are connected.” ~Chief Seattle

    I’m in KY but will be glad to help with adoptions with donations the best I can.

    Also remember this blog is being read by enemies so be careful of what you say please and I hope they all go to hell.

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  42. Congratulations to all involved RT. Don’t for one minute feel you let anyone, us, or the horses down. This was one huge step forward. Learn , regroup, prevail. We must win through the courts to gain justice or truly freedom is dead. Those who accept the collateral of foal’s feet being run off, brutal treatment of pregnant mares, and fine older stallions, are even now on some level having to live with themselves. They truly do not know what they do. Nothing is worth this level of suffering, not for the ‘good’ of the public, renewable energy or no, absolutely NO good can come of a situation that has caused such suffering to our fellow beings, indeed it has already caused immense suffering to the people, both to ourselves, our children, and even to the perpetrators, for we are all one.
    In the meantime, let’s pull together folks.
    One focused pooled fund, comprising one investigative fund, one rescue fund, one legislative fund, one lobbying fund, and a shit hot fundraising and PR team.

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  43. I understand the ruling but I wish & prayed for a better out come. We must get to Salazar some way, forcing him to listen to us. We’ve got to make him see that WILD ANIMALS are JUST THAT, WILD and they don’t just stay in one place.
    I don’t see Fish & game keeping the bears, Deer or an other wild animal off BLM land!

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  44. Thank you for trying, wish there was a better outcome. I feel irreparable harm at the loss of these generations of free roaming families of wild horses. For Gods sake the land was pristine with millions of wild horses on the same lands before the BLM started mis-managing everything.

    So the BLM wants to follow their ‘rule book’ in wild animal handeling? I think we need to get a lot louder about their abusive and crappy handeling. Their management and the welfare of the horses crammed with NO SHELTER in those over crowded pens!

    A lot louder and cram it in their faces, who the heck runs horses to road founder? who the heck keeps their horses in pens with no shelter? Only the BLM gets away with this crap.

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  45. Per HH: “…we set a precedence that had not been set, before. That’s the fact that the court recognized that removing wild horses from their rightful homes causes irreparable damage as outlined in Dr. Don Moore’s excellent testimony. Americans are harmed when their iconic wild horses are stripped from the land and the court agreed…”
    Although defeated in this battle, the court DID recognize the harm to Americans. Use this. Use it in any way you can. By formally recognizing this fact, the court has set a precedence that we can use. Use it like you would a seed when you plant your garden … make it grow.

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  46. Yet another Huge venue !!!! So far the Media coverage is small and definitely not enough we will get everywhere with solid and huge MEDIA COVERAGE, I have already written to the Channels here in Ohio IMPLORING for some HUGE Media Coverage I cant stress enough how badly the Mustangs needs Media……….. We need to get and write every News Media and ask, beg, implore , do what is ever needed for them to get the POINT here on the AIR into peoples HOMES on there tvs and radios, we need huge awareness, the American people need to know the Extreme IMPORTANCE of saving intact these wonderful loving Wild Mustangs , where is MONTY ROBERTS in THIS, ?????????? I am writing to him also !!!!!!Our computers are here to get what the Mustangs need now Lets Use them for there benefit !!! Start Pounding these beautiful keys for the MUSTANGS now !!!!!!!!!! I am……………..

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  47. Let them know that Our Mustangs are the Force to be dealt with, and we will never comprise them…………. In Vegas Rally they brought Wild Mustangs for everyone to see, that in itself was Mesmerizing to every American that attended……………..We were enthralled with their amazingly beautiful Presence…………………. There were 4 of them to whisked away your heart , and that they did , no words only visual Extreme Eye candy !!!! People listened to them even though they udder ed not one word……….

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  48. Grandma Greg, You are amazing, you have brought many things that can and will be used for the Wild Mustang, God Bless you fine LADY !!!! WITH GREAT STUFF , that can and will be used, Clearly all the people here have some great stuff !!!!! Now we need to Figure how to use best !!!

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  49. Christie you are so very right about all covered here, I am on it !!!! I realize he is desperate for Ohio !!!!! I have Implore to him in letters and emails , no response from him , I have to assume he is not receiving them…………….Call everyday since he has been in office, even tried the First Lady no response…………………I dont know what is going on there ??????? This is a matter of Great American importance……… I have ask why would he ever want to be Known and go down in History as The President who sat idly by watching Our Wild Mustangs being needlessly assaulted by the very Agency he appointed to ensure their Protection and Preservation………..Is this the Legacy he wishes to portray in Americas History?????????

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  50. Thought something today that may not be anything but i just had to run it by all here, I have always believed that the answers to all very intricate problems was always something simple, well i hope i dont sound goofy, How about filing suit that the BLM is obstructing Every Americans law given right to Preserve and Protect what belongs to them The Wild Mustangs……………………………..

    Like

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