Wild Horses/Mustangs

Ninth Circuit Grants Wild Horse TRO in Wake of BLM Ruling

Story by Steven Long ~ Editor/Publisher Horseback Magazine

Where is the BLM Press Release on THIS News?!?

Click (HERE) to Download Injuctive Order

BLM already attacked the Antelope herd earlier this year ~ photo by Terry Fitch

HOUSTON, (Horseback) – Within hours of an adverse ruling for wild horse advocates attempting to halt a Navade “gather” and stampede in the heat of summer, a federal appellate court has granted a temporary restraining order. The federal Bureau of Land Management will be unable to proceed with it’s planned roundup, according to the Chicago based Equine Welfare Alliance, a consortium of more than 800 horse advocates and scores of equine welfare organizations.

“Rachel Fazio, attorney for plaintiffs, The Cloud Foundation, Craig Downer and Lorna Moffatt, went to the Ninth Circuit Court with an emergency motion immediately after getting the negative ruling today at 4 PM by U.S. District Court Judge McKibben in Reno,” said Vicki Tobin, EWA vice president and director. ” The Ninth Circuit has granted a temporary injunction while they review the merits of the motion. So, the wild horses of the planned Triple B roundup will have a brief reprieve. The hope is that the three Judges who look at the case will stop the roundup until the Appeal has been heard in August.”

The court stated in its ruling late Friday, “To allow for further consideration on the merits of the emergency motion, the court grants temporary injunctive relief. Appellees are enjoined from the round-up of wild horses in the HMAs and Triple B Complex areas until further order of the court.”

28 replies »

  1. yes.. its about time they started listening to and understanding that its WE THE PEOPLE not the courts, or the government that makes these types of decisions.. we are after the ones that PAY THEIR SALARY


  2. Thank God, someone was thinking on their feet. Yesterday when I read that news this appeal didn’t even cross my mind. I was just so sick and angry that I couldn’t even see straight.

    This morning I was awakened by the cattle rancher’s cows across the way–there saying MMMMOOOOOO! I haven’t quite been able to translate it.

    It isn’t the cows fault about the ruling. I have to keep this in mind and enjoy the sound. Like all animals they too need our love and respect. I just don’t have to buy them after being butchered.

    I have to ask this. Which is cheaper– bringing in truckloads of wateror rounding them up? I however am really not sure I believe The Bureau of illegal Morons considering how green everything is that I have seen in my travels across NV.

    This Ninth Court of Appeals–is it the same court in San Francisco? Oris this someplace else. I really wanted to go to court on Thurs but the news of the hearing came down after my plans were made–and I have other conflicts. If I can I would love to go to this hearing.

    Still disgusted with this judge. I hope I don’t have any more news like this til I get home.


  3. It is good to read that there was a temporary injunction granted. I just sppent three days with Jeanne Nations in the Antelope and Triple B complexes photographing the wlid horses. Those areas are vast and expansive and have plenty of forage this year. We also saw water in many spots so there is water there too. In the three days I was there I only observed a few herds of cattle so the horses are definitely not infringing upon their space; there is plenty of room for them all. The horses we saw and photographed were all fit and healthy….there were plenty of foals this year as well. Not one single horse we observed was suffering in the least. We did observe a few lone bachelor stallions. We were uncertain of why they were alone but thought they may have been seperated from their herds during last year’s round-up. To disturb the remaining horses will be absolutely heart breaking.

    If any of the images I shot while I was there would be helpful, I am more than willing to send them along.


    • This is great to hear. I know jeanne is concerned with saving the little Cherry Creek band. I am always happy to hear when someone has been out with the wild ones and see for themselves what is there. They belong on that range and should remain. There is no two ways about it!!!


  4. Real HOPE! Not a figment of someone’s campaign poetry!

    And a double dip, maybe a triple dip of tax payer’s expense…

    STOP the ROUNDUPS, just let them be!


  5. http://www.change.org/petitions/stop-a-dutch-genetically-engineered-gm-vaccination-study-in-foals-from-3-days-old-untill-6-months

    Sorry to change subjects (but is related) this is a freakish Dutch gov’t sponsored study to inject foals with a Genetically Modified Organism vaccine and kill them after a period to study the health effects. Just learned about it from the campaigners in Europe trying to stave off the assault of GMOs in the country PLEASE SIGN!!


    • Signed! Seems like there are two kinds of people in the world. Those who see animals as creatures deserving respect and those who see them as ‘things’. The Dutch in that study would no doubt get along fine with the BLM.


  6. So happy to hear this news, thanks RT for keeping us up to date.
    can we post our views and wishes on Nevada’s page ?
    We can gently and politely post our views and wishes on Nevada’s FB page.
    may truth prevail !!


  7. Once again, was so heartsick last night felt as tho I could not even breath good, Then got this from R.T. this am, seems like all of a sudden, there was a light from the tunnel for the first time in forever…………..Actually feel I might can smile again for a little while……THANKS SO MUCH EVERYONE INVOLVED!!!!!!!


  8. there are no words to say thank you for caring and keeping the good, rightous fight going!! tears in eyes in thanksgiving! please keep us updated. again thanks for this awesome news!


  9. Thank you goes to the Cloud Foundation and Craig Downer and Laura Moffet and Rachel Fazio and all of the other many people who continue to fight this battle with their heart and intelligence and dedication and tears. There is a touch of “hero” in you all.


  10. The good news is that the Ninth Circuit evaluating jurist must believe there is some legal and demonstrated cause for appeal. As to whether or not it goes to the full court for hearing is another matter.

    In the meantime, I don’t recall an appeal ever being requested so stealthily and expeditiously… kudos to the entire team, as they knew what would happen in Reno.

    Good news…TRO and someone is willing to listen. Bad news…the odds are against the equines because of the nature/language of the 1971 ACT and the mutations since it’s inception (Burns Amend/rider, for one).

    However, if the pleading/petition has been worded satisfactorily…the wild equines have a chance.

    Good news, again…we are getting smarter.

    Eventually, the advocates will get it perfect. I just hope there are wild ones, nonsterilized left roaming or to put back.

    Don’t forget to make EA comments for the North Piceance Herd EA (East Douglas?) Also, “google” that specific herd and read past summaries of EAs BLM pdf file). Very interesting how they throw out several comments.


  11. p.s. Hope someone is out there monitoring the killers, because they may be out there doing the round up anyway…..no need to post reply as I get it. I just wonder how busy the setup is proceeding.


  12. http://www.bizjournals.com/denver/stories/2009/07/13/daily9.html
    BLM Colorado to hold first-ever online auction for oil, gas leases
    Denver Business Journal
    Date: Monday, July 13, 2009, 10:04am MDT
    The Bureau of Land Management ‘s Colorado office said Monday it will hold the federal land agency’s first-ever online auction of oil and gas leases under a pilot program.
    The quarterly lease sale will begin at 9 a.m. on Sept. 9 and continue for several days, with leases on 38 Colorado parcels up for auction. The lease
    areas are within BLM’s Royal Gorge, Little Snake and White River field office areas.
    Related News
    • Solar projects to get first dibs on 24 BLM sites
    • Pitkin County says no to oil shale
    • Treasure Resources wins BLM mineral leases
    • BLM to hold hearings on oil shale development


    • They have done it again … some more leases of your and my land (about 45-thousand acres just this past quarter) sold for less than $2 an acre … these are ten year gas/oil leases sold by BLM to big private energy exploration companies (Exxon/BP type)… and we wonder why they don’t want the wild horses and burros out there?

      Yep. the BIG energy companies pay $2 +- per acre for ten years (extendable) which gives them energy rights on your and my land and I think if they do find gas/oil etc then they pay the BLM 12% (?) of the proceeds … so BLM becomes a shareholder in the energy world at no cost to them … and so it is much cheaper to get the wild horses and burros out of there and put into a pen in OK or KS to die and out of the way for what really counts … follow the money $$$

      Now do you still think we advocates have any chance of saving the HMAs … with the small exception of maybe a few private ranches like Madelienes? Not a chance in ___. I am not an expert but that’s how I see it … and I hope I am wrong, wrong, wrong.



      • 12% of what…profit, gross, net????

        And how much will it cost to clean up the mess they leave behind AFTER they have squeezed every last drop of water and mining resource out of that land?…and who will pay for the cleanup?

        Excellent post GG.


      • My question is; if they can’t stay on their land where can we place them on public lands where they Are Safe? Former HMA’s are still theirs. The corporations pushing them off should pay compensation so this can be done. Removals are illegal. Moving to other range is possible. There needs to be a real plan. End all removals. Care for our wild ones on range where they can be preserved!!! (Stop fracking and save the West’s pristine waters!)


  13. Thanks all for this reprieve for the horses!!!. GG I’m with you!!!!!
    I hope LF is taking all this lease info to court with her…….
    Praying for a permanet stop to this madness.


  14. I’m glad to hear this news but didn’t the same thing just recently happen to another roundup? I can’t remember which one it was but was sad to hear that they lost the appeal. I can tell that I am not the only one out here that is upset about these roundups. While it is good to know that I am not alone in my feelings about what is going on with these wild horses, I still don’t know what to do about it. Thanks to Madeleine Pickens for getting congressman Raul Grualva involved in the BLM’s roundups. I beleive he is one of our biggest advocates for these wild horses and we need to get more of them involved. Thank God he had the guts to speak up about it.


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