Horse News

Action Alert: Equine Advocates Needed at Wild Horse & Burro Appeal Hearing

Source: Multiple

The 2010 Twin Peaks roundup resulted in the permanent removal of more than 1,500 wild horses and 160 burros from the range…

Twin Peaks Hearing

For the first time in the history of the Wild Horse Act, an Appeals Court will determine whether the BLM‘s interpretation of the Act is consistent with Congress’s intent to protect these living symbols of the West over 40 years ago.

Twin Peaks Horses prior to Helicopter Stampede ~ photo by Terry Fitch

Twin Peaks Horses prior to Helicopter Stampede  of 2010~ photo by Terry Fitch of Wild Horse Freedom Federation

Attorney Rachel Fazio has donated her time for years to FIGHT for the Voiceless wild horses and burros in the Twin Peaks case. She stayed on when other pro-bono lawyers couldn’t give any more time. She is a most devoted and a humble hero for the wild ones.

The 2010 Twin Peaks roundup resulted in the permanent removal of more than 1,500 wild horses and 160 burros from the range. Fifteen more were killed and 54 mares were injected with immunocontraceptives before being released. As of August 2012, 977 of the wild horses removed from the range are still incarcerated and 158 more have died.

The BLM failed to consider current data regarding ecological resources in the herd management area (HMA), and also illegally harassed and captured horses that were not even considered “excess” by their own inappropriate standards.

Witness this important hearing – please fill the courtroom and show your support for the Twin Peaks wild horses and burros and all the others as this would be a LANDMARK case..

If you are able to be in Southern California in late August, please help plaintiffs IDA and Dream Catcher Wild Horse and Burro Sanctuary FILL THE COURTROOM to show your support for America’s wild horses and burros!

The appeal hearing on the groundbreaking Twin Peaks wild horse lawsuit is scheduled for August 29th at 2 p.m. at the Ninth Circuit Courthouse in Pasadena, California.

What: Appeal Hearing for the Twin Peaks Wild Horses and Burros aka In Defense of Animals vs. US Department of Interior, case No. 12-17804 in Courtroom 1

When: Thursday, August 29, 2 pm – please arrive no later than 1:30 pm

Where: Ninth Circuit Courthouse, 125 South Grand Ave., Pasadena, CA

No recording devices, cameras, cell phones or electronic devices are allowed in the courtroom. We suggest not bringing any such devices into the courthouse. Photo identification is required to get into the courthouse.

16 replies »

  1. The best people to speak at that hearing would be R.T. Fitch, Jerry Finch, Craig Downer, Ginger Kathrens, Simone Netherlands and John Holland. En masse.

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  2. I have a slightly offbeat question. I’ve been to San Francisco for another 9th Circuit Court hearing. What is the difference between the SF office vs Pasadena? Anyone?

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    • Hi Margaret – at the last hearing we had three Judges who were looking at whether or not the district court erred in not stopping the roundup before it started – this is when we asked for a preliminary injunction. The Judges at the Ninth Circuit ultimately decided that they wanted to decide our case on the merits, not just make a guess about whether we would be right or not (which is the standard when they are looking at whether a preliminary injunction should issue – whether we were likely to succeed on the merits of our case.) This hearing they will decided whether we actually win or loose. The reason this hearing is in the Pasadena location instead of San Francisco is because our Judges from the first hearing wanted to retain our case – which is somewhat unusual. Since the Judges hear cases in different 9th Circuit courthouses in the West every month, they had to find the Courthouse nearest in time to when our briefing was completed where all three of these Judges would be hearing cases during the same month – that ended up being Pasadena at the end of August.

      Hope this answers your question. If you have more please feel free to e-mail me directly – rachelmfazio@gmail.com.

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  3. What is important is that THIS court hearing is the same appeal that was given almost exactly three years ago to STOP the Twin Peaks roundup and has now gone through the legal steps to be heard by the 9th circuit judge which is as high as it can go except for the Supreme Court. If this case is won it will not only give the previously captured wild horses and burros (and yes we DO know where many are today) the chance to be returned to Twin Peaks but will set precedence for ALL previously captured wild horses and wild burros to be returned to their rightful and legal homes. There were NO excess wild horses and burros on Twin Peaks when they captured them and as we know this has been true for all wild horses and burros who were living on their legally designated land.

    If anyone can attend the hearing it would be GREATLY appreciated – the BLM and the court needs to know that there are MANY people who see through their illegal actions.

    I do not have a legal understanding of all this so hope I am explaining it – at least a little bit – but I hope those with a better understanding will jump in and explain it better to us all.

    PS I think the location is designated by the court and not the attorneys.

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  4. My God, what does it take for the courts to see through all this BS and take the facts for what they are…FACTS! Facts that speak the truth and yes, the truth shall set them FREE! At least it should in a just world. We simply can never give up on protecting our beautiful national treasures. These horses are no different than the grizzly bear, the mountain lion and the wolf – they’re our heritage. I hope the courts use good judgement and give our equines the respect and dignity they deserve…allow them to roam again on the millions of acres taken away from them. “That” would truly be justice.

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  5. If the BLM or other land management agency was following the 1992 UNCBD Article 8 (h) to prevent, control, and eradicate horses and burros based on the non-scientific classification of the horse and burro as non-native, invasive, alien, exotic, feral, pests threatening ecosystems by trampling on native plants and disturbing the soil, it would appear that agency action to remove the horses from this area would be unconsitutional because this treaty was never voted on in the Senate. If would be great to get these actions thrown out because these federal agencies were acting unconstitutionally, though they cover their tracks pretty well. However, a close examination of the language is quite revealing.

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  6. TWIN PEAKS ROUNDUP/ AUGUST 2010

    https://rtfitchauthor.com/2010/08/27/heavy-cop-presence-at-twin-peaks-keeps-contractor-hiding-place-off-limits/
    Heavy Cop Presence at Twin Peaks Keeps Contractor Hiding Place Off Limits
    Posted on August 27, 2010
    by Steven Long ~ Editor/Publisher of Horseback Magazine
    Armed Law Enforcement Out Number 4 Credentialed Reporters at Wild Horse Stampede
    The chief of the BLM’s security detail at Twin Peaks has refused an on the record interview with Horseback regarding the reason for such a heavy police presence being paid for by the American taxpayers when there has never been an apparent threat.

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  7. TWIN PEAKS ROUNDUP AUGUST 2010

    https://rtfitchauthor.com/2010/08/27/heavy-cop-presence-at-twin-peaks-keeps-contractor-hiding-place-off-limits/

    Heavy Cop Presence at Twin Peaks Keeps Contractor Hiding Place Off Limits
    Posted on August 27, 2010
    by Steven Long ~ Editor/Publisher of Horseback Magazine

    Armed Law Enforcement Out Number 4 Credentialed Reporters at Wild Horse Stampede
    The chief of the BLM’s security detail at Twin Peaks has refused an on the record interview with Horseback regarding the reason for such a heavy police presence being paid for by the American taxpayers when there has never been an apparent threat.

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  8. https://rtfitchauthor.com/2010/10/15/aerial-survey-reveals-twin-peaks-wild-horse-population-decimated/
    Aerial Survey Reveals Twin Peaks Wild Horse Population Decimated

    A September 24th flyover survey of the California-Nevada Twin Peaks Herd Management Area by respected wildlife ecologist Craig Downer reveals that only about 265 wild horses remain in this 798,000-acre range in the wake of the recent BLM roundup, which captured 1638 horses. Fourteen of those horses died in BLM custody or as a direct result of physical injuries or trauma sustained during their capture

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  9. TWIN PEAKS STALLION CAPTURED IN BLM ROUNDUP IN 2010

    https://rtfitchauthor.com/2011/01/22/this-one-stallion/
    This One Stallion
    Posted on January 22, 2011
    Original Story by SFTHH Investigative Reporter Lisa LeBlanc

    A tall, charcoal maned gray stallion living in Twin Peaks has, through no intentional actions on his part, accrued a small fan base.

    They lived in an area near Skedaddle/Shinn Ranch. Through changes made by unseen hands, they came to occupy a fenced allotment. In that mysterious manner of horses, he had, over time, become a familiar sight, respected, anticipated, even loved by those humans who had come to recognize him. Dubbed BraveHeart by an admirer (not to be confused with Silver King’s Braveheart), he and his family, their environment and resources, were observed and studied, season to season, by a researcher writing a thesis toward her Masters degree

    Who will be held accountable for BraveHeart? While This One Stallion alone may have meant nothing to those who held the reins, for those who knew him – prepared him sanctuary near the home he had always known, to share his history and secure his future, to atone in small measure for the vicarious actions of others by providing This One Stallion a second life of purpose and peace – he is and will remain important to them.

    Perhaps, when future issues of the Wild Horse and Burro Program arise – when facts and figures are gathered, drafted into important documents and given voice, again blaming Wild Equines for their indiscretion and the Public for non-involvement, it might be prudent to remember – who failed This One Stallion and those who fought for him and lost.

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  10. A little bit more explanation as to why this court case is IMPORTANT:

    Aside from possibly saving some of the captured wild horses – the importance of this case is that it is the first time that an appellate Court will actually interpret specific provisions of the Act (what it means, whether there are any protections for wild horses) as applied by the BLM for a specific roundup. This has never happened before. We will hopefully be provided with clarity from this panel of Judges. If we win, my guess is the case will continue on up to the Supreme Court. If we loose, then we have the ammunition to go to Congress, most of whom think these animals are protected, and say – see we need real protections or this species will be eliminated.

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