Wild Horses/Mustangs

Stop the BLM’s Illegal Plans for the Checkerboard Roundup II – Comment by Friday April 22

by Carol Walker, Director of Field Documentation, WHFF – as published on WildHoofBeats.com

Checkerboard Roundup 2014

Less than 2 years ago, the Bureau of Land Management illegally rounded up and removed 1273 wild horses from 2.4 million acres of public and private lands in Wyoming. 71% of this land is public land. At least 100 federally protected wild horses were killed during the roundup and in the months following it as they were warehoused at BLM facilities. The BLM is proposing to do this again this fall, and are using the same precedent that they did last time. They are using their right to remove wild horses from private land to justify and enable them to remove wild horses from public lands as well. This is illegal and must not be allowed to stand.

This plan to remove wild horses from the Checkerboard lands in the Herd Management Areas of Adobe Town, Salt Wells Creek and Greek Divide Basin is driven by the greed of the ranchers in the Rock Springs Grazing Association who seek to treat the public land as if it were their private land. Permit grazing is a privilege, not a right. Land swaps should be forced to occur in this area to consolidate private holdings and public ones separately in order to enable grazing of wild horses on public lands.

In this action the BLM is also violating the Federal Land Policy and Management Act (FLPMA) by lowering the numbers of wild horses allowed to live in these three Herd Management Areas (Appropriate Managegent Levels) without using a land use planning process to amend the governing Resource Management Plans (RMPs).

The BLM is using flyover data from their counts of wild horses in April 2015 to justify this removal:


Here is what the BLM told us in October, 2014  – the remaining numbers of wild horses in Adobe Town, Salt Wells Creek and Great Divide Basin after the Checkerboard Roundup:

Adobe Town: 519
Salt Wells Creek: 29
Great Divide Basin: 91

All of these figures are below Appropriate Management Level, or AML for each of these Herd Management Areas.
The new figures from the 2015 April flyover are:

Adobe Town: 858
Salt Wells Creek: 616
Great Divide Basin: 579

And what exactly is the explanation behind this massive discrepancy? Even with all the mares and stallions in each Herd Management Area giving birth to twins, there is no possible way that there was such a huge jump in population sufficient to trigger this roundup. Conveniently there are no photographs during the flyover “The survey lead indicated his reluctance to use photography,as it requires additional circling around groups that could cause air sickness.”

Here is how you can comment – please do this by April 22 4:30 pm Mountain Time:

Written comments should be received by April 22, 2016, and should be emailed only to blm_wy_checkerboard_hmas@blm.gov

(Please include “Checkerboard Scoping Statement Comments” in the subject line),

or mailed to BLM Rock Springs Field Office, Checkerboard Scoping Comments, 280 Highway 191 North, Rock Springs, WY 82901.

Here is the Scoping Document:


Please DO NOT sign an online form letter. All of these will be counted by the BLM as 1 comment. If you actually want your comments to be read, counted and make a difference you must write your own letter and send it yourself.

Some points to cover:  It is illegal to use section 4 of the Wild-Free Roaming Horse and Burro Act which covers removal of wild horses from private lands to remove wild horses from public lands.

It is a violation of the Federal Land Policy and Management Act to remove wild horses from three Herd Management Areas to below AML for those areas.

There is a need for a census done by an independent, outside agency, not paid for by the Rock Springs Grazing Association, that includes photographs of the horses that are counted.

There needs to be a plan for land swaps to be made to consolidate private lands separate from public lands in the Checkerboard.

Any horses removed from the Checkerboard Area of their Herd Management Areas need to be returned to the public, non-checkerboard areas of their Herd Management Areas, not permanently removed and sent to BLM holding facilities.

Regarding conflicts between livestock grazing and wild horse use of lands in Wild Horse Management Areas:

  • 4710.5 Closure to livestock grazing.

(a) If necessary to provide habitat for wild horses or burros, to implement herd management actions, or to protect wild horses or burros, to implement herd management actions, or to protect wild horses or burros from disease, harassment or injury, the authorized officer may close appropriate areas of the public lands to grazing use by all or a particular kind of livestock.

(b) All public lands inhabited by wild horses or burros shall be closed to grazing under permit or lease by domestic horses and burros.

(c) Closure may be temporary or permanent. After appropriate public consultation, a Notice of Closure shall be issued to affected and interested parties.

If the Rock Springs Grazing Association cannot come to an agreement on how many wild horses can live on the unfenced areas of the Checkerboard, then all of the public land within the Checkerboard and outside it in these three Herd Management Areas should be closed to livestock grazing.

The American public wants these wild horses to remain in their Herd Management Areas on public land, and to live out their lives wild and free, not suffering death and injury in roundups and stockpiled in holding facilities.


43 replies »

  1. Thank you sir for your continued fight to save the horses. And if I wasn’t a civilized woman, I’d let go a long list of expletives aimed right at BLM and the gov’t that sanctions them. Sharing. Cissy Caple

    Liked by 1 person

    • Thank you so much for all of your outstanding and ongoing efforts to save the wild horses and burrors. They all so well deserve. All animals should be treated with Dignity and Respect. All animal and human rights should be granted not violated. Human beings and animals all share this earth temporary. make the best of it. The MORE Voices and ACTION TAKERS the faster changes will be made. Together we can all make a difference, we got to at least try. Compassion for animals. Let the horses and burros live in Peace, Safety, Protection, Comfort, Happiness, Love, and all do Respect. Save and Protect God’s Beautiful Innocent Creatures!! The Round Ups need to be STOPPED! This evil and crazy world is overwhelmed with animal cruelty as it stands and its TOTALLY SICKENING!! The Innocent, Helpless, Defenseless, and Voiceless always get targeted and its not right. We are the Horses & Burros Voices and must be heard.. WIthout all of us speaking out for them , they don’t stand a chance. Prayers for the Wild Horses and Burros for a Better, Healthier, and Safer World to live in.. In God We Will Always Trust!! ~~

      Liked by 1 person

  2. BLM never implements sound scientific findings from research that comes out of the scores of wild horse advocates lawsuits! The collective call is to “Stop round ups if you (BLM)are really dedicated to their survival, otherwise the claims that BLM is on track to eradicate them from public land appears true. Thank you for your tireless efforts.

    Liked by 1 person

  3. Well … I have heard it all now with this statement, [Conveniently there are no photographs during the flyover] “The survey lead indicated his reluctance to use photography,as it requires additional circling around groups that could cause air sickness.”

    First, a person prone to air-sickness does not volunteer and is not assigned to this kind of project and is therefore not an experienced wildlife aerial observer.
    Second, the BLM instructions (memorandum and census instructions) state:
    • “Take a camera – photograph all groups of twenty or more animals when possible”.
    • “Take a photo of any group bigger than 20 (preferably 10 or more)”.
    Third, BLM Instruction Memorandum (IM) establishes program guidance and policy for inventorying and estimating wild horse population numbers to supply the managers and the public with scientifically supportable and defensible population estimates of wild horse and burro populations. As noted in a recent Aerial Review Memorandum written by Bruce Lubow, IIF Data Solutions to the BLM, one major assumption in aerial wildlife population census projects is that the number of animals in each group is counted accurately. To verify accuracy of large animal census counts, photographs are to be taken and scrutinized after the flight.to verify accuracy of large animal census counts.

    Obviously, the lack of any photographs does NOT supply SCIENTIFICALLY SUPPORTABLE and DEFENSIBLE proof that the BLM’s aerial survey is credible.

    Liked by 1 person

    • Dear gawd, those paid with taxpayer dollars to conduct aerial population counts can’t take pictures since they might get airsick???? How can they be trusted to fly the choppers?

      In 2016 it isn’t even remotely possible they don’t know about fixed cameras, or drones, or even GO PROS.

      Since conducting accurate inventories is part of the initial responsibilities assigned by law in 1971, it seems fair to insist if they can’t prove accurate numbers they should not be allowed to remove any horses until they do.

      Simply unbelievable.

      Liked by 1 person

      • PS even the best GO PRO costs about HALF what the BLM spends to feed one horse in captivity for a single year.


      • BLM does not pilot the helicopters, they are hired and we pay for them at about $1000 per HOUR plus other related costs (such as paying for worthless air-sick BLM employees) … and GoPro-type cameras are only a few hundred dollars and would provide proof of their bogus census reports being credible or being non-credible. Why do you suppose that photos and video are NOT taken??? Because their census reports are not scientifically supportable.


  4. Best Practices for Wildlife Census Techniques

    1) The census numbers are important but what is also important is the documentation proving or disproving accuracy of BLM’s census and population counts.
    2) What is required is objective science and not political pressure from government officials and for-private-profit corporations who realize the financial importance of these lands that were once believed to be worthless and are now found to be very valuable.
    3) One easy and inexpensive example of providing proof of the BLM’s aerial census counts would be the use of a video camera (such as a Go-Pro) on the helicopter.

    Why has this not been done by BLM for wild horses and burros census? Is it because it would verify the inaccurate and inflated census counts of wild horses and burros that are reported by the BLM?

    Liked by 2 people

    • The BOYS and their TOYS Wild Horse & Burro Census Method

      Reposting Grandmagregg’s comment
      March 24, 2016

      BLM admits they shot paint balls at our Wild Burros under the guise of a population census technique. Here are their own words “This sightability factor is based results for burros from the Lincoln-Peterson mark-resight studies conducted by BLM Arizona for the Black Mountains/Mojave Desert ecosystem since 1995. In the mark-resight studies, the area is flown twice. During the initial flight, ALL THE ANIMALS SEEN ARE MARKED WITH A PAINT BALL.”


      Liked by 1 person

      • US District Court Blocks Bureau of Land Management Rule For Hydraulic Fracking On Federal And Tribal Land Tuesday, October 13, 2015

        On September 30, 2015, the US District Court for the District of Wyoming preliminarily enjoined the US Bureau of Land Management (BLM) from enforcing its final rule regulating hydraulic fracturing on federal and Native American lands, pending the resolution of a challenge to the rule under the Administrative Procedures Act (APA) brought by various industry, state, and Native American petitioners. In doing so, the District Court strongly indicated that the petitioners’ underlying challenge to the rule would be ultimately successful, which could preclude BLM’s enforcement of the controversial rule indefinitely.

        BLM’s final hydraulic fracturing rule was issued on March 26, 2015, but had not yet taken effect. As previously reported on this blog, the stated purpose of the rule is to (i) provide disclosure to the public of chemicals used in hydraulic fracturing; (ii) strengthen regulations related to well-bore integrity; and (iii) address issues related to water produced during oil and gas operations. However, as highlighted in the Court’s decision, industry groups are concerned that compliance with the rule will be costly and require operators to disclose proprietary hydraulic fracturing operational and design information. BLM estimates the cost of complying with the rule could equal approximately $11,400 per well. There is also concern that the rule will create an overlapping federal regulatory regime that would interfere with States’ and Tribes’ sovereign interests in the regulation of hydraulic fracturing.

        Liked by 1 person

      • How is this not considered harassment, especially since they hit them, then return and fly over again. Has to be terrifying!


  5. Federal Embezzlement Laws
    Embezzling federal money or property is a specific crime, charged in federal district court.

    The key is that the defendant had legal access to another’s money or property, but not legal ownership of it. Taking the money or property for the defendant’s own gain is stealing; when combined with the fact that this stealing was also a violation of a special position of trust, you have the unique crime of embezzlement.
    Offenses That Can Be Charged Under State or Federal Law
    Federal Embezzlement Categories and Punishments
    Federal embezzlement laws are broken down by the type of money or property stolen. Here’s a short description of each category, and the associated penalties. Convictions whose fines are $250,000 are felonies; convictions with fines of up to $100,000 are misdemeanors.

    Programs receiving federal funds

    Theft of livestock
    This section addresses the embezzlement of livestock, money, or other property worth $10,000 or more, that is connected with marketing or selling livestock in interstate or foreign commerce. Penalties include a fine up to $250,000, up to five years in prison, or both. (U.S.C.A. § 667.)

    Liked by 1 person

  6. Using the population counts provided to Carol Walker by the BLM (mentioned in her article above) and using the BLM March 1, 2015 herd stats, the number of wild horses in the Adobe Town, Salt Wells and Divide Basin HMAs exploded 44% from October 2014 to March 1, 2015 and then it leaped another 81% between March 1, 2015 and April 1, 2015 (yep, one month). This is a total 125% population explosion of wild horses in only SIX months. As has been proven by independent research, the annual average wild horse population increase is LESS than 10%. Therefore, BLM’s 125% increase in six months is either a scientific biological MIRACLE or it is out and out FRAUD.

    When writing your public comment to the BLM, perhaps a good idea would be to remind the BLM of Title 18 or the United States Code regarding falsification of legal documents:

    Making false statements (18 U.S.C. § 1001) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in “any matter within the jurisdiction” of the federal government of the United States, even by mere denial
    18 U.S. Code § 1519 – Destruction, alteration, or falsification of records in Federal
    Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
    US Code
    Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
    (Added Pub. L. 107–204, title VIII, § 802(a), July 30, 2002, 116 Stat. 800.)

    Liked by 2 people

    • GG, very disturbing numbers.

      Especially since, during the same period the BLM indicates supernatural birth rates, recall THEY REMOVED AT LEAST 1,263 HORSES FROM THESE SAME HMAs in Dec. 2014!

      It is beyond cynical for the BLM to tell us the populations here “exploded” by spring of 2015, not least because it was winter time (not breeding season). Any foals born in 2015 were conceived in 2014, and as noted below, the numbers left after this massive roundup and removal were far below even BLM’s own AMLs.

      “2014 Wyoming Checkerboard Roundup decimated the wild horse populations in these HMAs, leaving behind just 91 horses in Divide Basin, 29 in Salt Wells, and 519 in Adobe Town. All three populations are now BELOW the established “Appropriate” Management Levels, in violation of the BLM’s land use plans for the area.”



      • As usual more lies from the BLM. Stop the lies and the madness of rounding up and killing of Americas icons. Let them live in peace!!


  7. Everyday there is more controversy over BLM,,HORSE SLAUGHTER, ROUNDUPS, sterilization etc. I do not understand why more and more tax payers money is being spent for this. Can you just leave the wild horses and burros alone. They have been fine for hundreds of years. From what I see someone decided it would be profitable to do all of these things. So, bottom line is money! Everyone lining there pockets at the horses expense!!


  8. How is it possible that 29 horses give birth to 616 ones in six months? That’s not even possible in ten years!!!!

    Now we knew BLM excuses were bad but this is becoming absolutely ridiculous!!! Do they think we are stupid??

    This just as ridiculous as the excuses and pseudo-science used by nazi germany to justify their crimes. Revolting!


  9. COMMENTS NEEDED at OSU student newspaper

    OSU considering partnership with BLM to research wild horse sterilization
    By Sarah Weaver News Reporter

    According to Dawn Sherwood, an assistant professor in animal and rangeland sciences at OSU, while the PZP vaccine has seen success in other areas, there are few alternatives to mare sterilization in the case of Hines
    According to Sherwood, there are positive outcomes that could come from sterilizing the mares including decreasing foal production numbers and the environmental problems that come with overpopulation.

    Sherwood takes issue with opponents of the sterilization research project because she believes that some groups are advocating to maintain the status quo for the wrong reasons.

    “It’s nostalgia, that’s why people are fighting to keep them,” Sherwood said, “They don’t see the starving horses, they don’t see them dying of dehydration.”
    While Sherwood understands the sentimental attachment people have to wild horses, she believes that people don’t realize the pain horses go through as a result of a lack of population control.

    “That’s what frustrates me as a horse person,” Sherwood said.


    • What an awful load of garbage!!!

      Starving horses??? Where??? Overpopulation?? C’mon…that must be of cows…

      And what about that phrase “one of the positive outcomes is decreased foal production”. Ohhhh… really? I never thought about that… more like zero foal productiin because that’s what permanent sterilization is for. A brilliant conclussion that could be drawn by an autistic four grader… do they need a professor for that?

      Seems natural that BLM chose OSU for their Mengele experiments; it’s full of cow vets and agribusiness / welfare ranching lobbyists. Pathetic!


    • Good point we “don’t see the starving horses”… or those “dying of dehydration” because a.) it is not documented and b.) probably isn’t happening.

      One has to wonder how Sherwood can justify this obviously painful barbaric mutilation of horses as somehow helpful and humane (nothing short of Orwellian logic), and then dismiss legitimate concerns from the public as “nostalgia.”

      It has to be answered if horses are starving, aren’t livestock on the shared range starving as well – animals which by law can be removed on request of BLM? Animals (mostly sheep) which are owned by the Rock Springs Grazing Assn. in the Checkerboard area. It seems Sherwood may be the one longing for some alternate reality.


    • Is there money involved? Is that why they won’t leave horses alone? Somebody is lining there pockets at the expense of the horses?


      • Yes, there is. It is always a question of dough. The Rock Springs Grazing Assoc. wants to swallow the public lands fraction of the checkerboard so they can run more cows at no expense. Not surprisingly, the cattle sector reported record gains in 2014 and 2015.

        If there was really a question of land degradation or poor range health the cows would be starving, and the land would be useless (by the way, the land would be useless to these folks if the government stopped subsidizing all sorts of cattle production and prices, particularly prices, and allowed foreign countries -i.e. Europe, South Africa or Argentina to export their meat products into the US at much competitive prices).

        As for the OSU Mengele sterilization & eugenics experiments, it is all a ripoff scheme put by Pielstick to rake in tax money via BLM and his pals at the Advisory Bored.


      • Daniel, to be fair, the RSGA runs very few cattle. Their “club” members mostly run sheep, an even smaller and less valuable part of our national agricultural production.


  10. I posted this on the OSU DAILY BAROMETER article BUT…is it still in moderation.

    Noted Humanitarian Dr. Ann Marini Catches BLM in Lies With Photo Evidence

    October 8, 2014

    Dear Mr. Lucero,

    Several years ago, I requested information about the rationale and sound science regarding the Calico wild horse round-up. I sent this letter to my Senator, Senator Barbara Mikulski. Senator Mikulski, in turn, sent my letter to Bob Abbey, the director of the Wild Horse and Burro program at the BLM at the time. Mr. Abbey sent me a letter stating that the reason for the round-up was because the wild horses were starving and emaciated. Unbeknownst to Mr. Abbey, I had a friend who was in close proximity to the short-term holding facility for this round-up. He took many photos of the wild horses from that cruel round-up where many horses died; two foals who were captured on video and couldn’t walk because their hooves were in the process of sloughing off also died from the helicopter-induced stampede over long distances of treacherous volcanic rock. I had all of the photos processed and blown up to 8.5 x 11 so all of the horses (about 100 in total) could be clearly seen. All of the horses were healthy and none were emaciated or starving.

    Just a short summary about my background. I received my Ph.D. degree in Medical Biochemistry from Georgetown University and received my M.D. from the same institution. I am a physician-scientist and have been conducting scientific research since the late 70’s. I do know the basic principles of sound science and I certainly know the difference between lies and the truth. To get at the truth of course, the reporter would have to do a serious investigation into the BLM propaganda and the newspaper would have to commit some serious resources to discover the truth.
    The fact is that the BLM doesn’t know how many wild horses there are on public land and because they don’t know the true number of wild horses on public land, there is no way for them to conclude that there are “excess” wild horses which is one criteria for possible round-up.

    A serious effort of acquiring a broad factual knowledge base (background and current information) would lead one to question the integrity and real intent of the Wild Horse and Burro Program at the BLM. This is an important point because the BLM will do anything and everything to dupe all of us silly Americans who don’t know anything about horses or science.

    If the New York Times believes everything they read and/or obtain from the BLM about the wild horse and burro program, the paper will be hopelessly duped. The facts are that horses are emotional animals and helicopters terrorize them and induce a huge stress response. The fact is that the BLM has consistently REMOVED public land over the years that you and I as taxpapers provide to the wild horses and burros that has amounted to over 19 million acres. There was never any explanation from the BLM. The land just disappeared from the original map where wild horses were allowed to roam free. The fact is that Congress designated that public land was given to wild horses and burros wherever wild horses were found. The BLM is continuing to remove public land, land that all Americans pay to allow the wild horses to live on with their families. The fact is that there are 100 cows to 1 wild horse despite the fact that it is only a privilege for welfare ranchers to graze their cattle on public land. So, why is it that the BLM leases public land to ranchers to graze 1 million cows but whatever number of wild horses (I seriously doubt 40,000 as there are more in long-term holding than free on the range) that are roaming free on public land is too many (Remember, Congress passed the Free Roaming Wild Horse and Burro Act of 1971 which allowed wild horses and burros to roam free on public land and live out their lives with their families)? The fact is that the National Academy of Sciences report urged the BLM to conduct a formal and accurate count of the wild horses on public land. Has the BLM made the effort to accurately count the number of wild horses on public land? The fact is that the National Academy of Sciences indicated in their report that when you remove horses from a parcel of land, there are fewer horses and the horses will reproduce at a higher rate. Has the BLM used this sound science to manage the wild horses? No, it is business as usual….round them up and eradicate them off the face of the Earth.

    Let’s remember that there are 248 million acres of public land. Surely, the BLM can think “outside the box” and manage these icons of American heritage and freedom on public land, land that was designed to them by an act of Congress.

    Select publications (out of 70):
    Hu Z, Yu D, Almeida-Suhett C, Tu K, Marini A, Eiden L, Braga M, Zhu J, Li Z. 2012 Expression of miRNAs and Their Cooperative Regulation of The Pathophysiology in Traumatic Brain Injury. PLoS One 7(6):e39357
    Pan H, Hu X-z, Jacobowitz DM, Chen C, McDonough J, Van Shura K, Lyman M, Marini AM. 2012 Alpha-linolenic acid is a potent neuroprotective agent against soman-induced neuropathology. Neurotoxicology, 33:1219-1229.
    Lilja AM, Luo Y, Yu Q-s, Röjdner J, Li Y, Marini AM, Marutle A, Nordberg A, Greig NH. 2013 Neurotrophic and neuroprotective actions of (-)- and (+)-phenserine, candidate drugs for Alzheimer’s disease. PLoS One, 8(1):e54887.
    Martinez-Llordella M, Esensten JH, Bailey-Bucktrout SL, Lipsky RH, Marini A, Chen J, Mughal M, Mattson MP, Taub DD, Bluestone JA. 2013 CD28-inducible transcription factor DEC1 is required for efficient autoreactive CD4+ T cell response. J Experimental Med 210:1603-1619.
    Almeida-Suhett CP, Zheng L, Marini AM, Braga MFM, Eiden LE. 2014 Temporal course of changes in gene expression suggests a cytokine-related mechanism for long-term hippocampal alteration after controlled cortical impact. J Neurotrauma, 31(7):683-690.
    Almeida-Suhett CP, Prager E, Pidoplichko V, Figueiredo T, Marini AM, Li Z, Eiden L, Braga MFM. 2014 Reduced Gabaergic inhibition in the Basolateral Amygdala and the development of anxiety-like behavior after Mild Traumatic Brain Injury. PLoS One, 9(7):e102627
    Chen J, Pan H, Chen C, Wu W, Iskandar K, He J, Piermartiri T, Jacobowitz DM, Yu Q-S, McDonough JF, Greig NH, Marini AM. (-)-Phenserine attenuates soman-induced neuropathology. PLoS One, 9(6):e99818.

    Kind regards,
    Ann M. Marini, Ph.D., M.D

    Liked by 1 person

  11. IF OSU won’t respond and if the Daily Barometer won’t publish our comments…PROTEST LOUDER

    Salazar the Slaughter Czar: Sky Protest Over Denver
    Saturday Nov 21, 2009

    On Sunday November 22nd, as on the previous Friday (as reported in the Denver Post and 5280 Denver’s Magazine), a plane and banner message critical of Secretary Salazar will be flying over Denver, prior to the Denver Broncos game. Frustrated and angry over continued Wild Horse round-ups, the message sponsors are working toward a conversation on the real issues on our public lands discussed in this press release.


  12. Federal law cannot be violated under a consent decree. Although the BLM is positioning this devastating plan as the implementation of a court-approved settlement of a lawsuit filed by the Rock Springs Grazing Association (RSGA), a court settlement cannot trump federal law. The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. The constitutional principle derived from the Supremacy Clause is Federal preemption. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions.
    Cornell University Law School. “Supremacy Clause”. law.cornell.edu


    • GG, agreed. The decision Judge Freudenthal relied on (made in 1981) made an illegal interpretation of the WHB Act, didn’t address the actual complaint made at that time, and is still being used as the foundation for today’s rulings. The original decision should be revisited and overturned to put the BLM and RSGA back in line with the law.


  13. BLM is the biggest tragedy to this Country. So is the US Fish and Wildlife Agency. They kill Animals wake up America!


  14. BLM you are taking taxpayers’ money and using it to do the opposite of what taxpayers want! Americans love their wild and free roaming horses. Stop being a shill for industry! Shame on Interior Secretary Sally Jewell for pushing these roundups! STOP!

    Liked by 1 person

    • Wyoming Herd Managements Areas are located within the Oil Shale and Tar Sands Study Area

      Little Colorado
      White Mountain
      Salt Wells
      Adobe Town
      Wild Horse Herd Management Areas within the Oil Shale and Tar Sands Study Area (FY 2011)

      This document states very clearly “the management of wild horse and burro herds is not compatible within those portions of commercial tar sands lease areas” and might be impacted by the following activities:
      (1) undergoing active development
      (2) in preparation for a future development phase
      (3) undergoing reclamation after development
      (4) occupied by long-term surface facilities, such as office buildings, laboratories, retorts, and parking lots. Animals would likely be displaced from the areas of commercial development, and, depending on the conditions in the individual HMA, it might be necessary to reduce herd numbers to match forage availability on the undisturbed portion(s) of the HMA

      If horses emigrate out of HMA boundaries because of the disturbance within the HMA, they could be removed via the capture and adoption program.”

      Click to access OSTS_Chapter_3.pdf

      Click to access OSTSfinal.pdf


  15. The comments posted here are great … but please please also send them to BLM by 4:30 pm Mountain Time TODAY Here is an example of how you can start your letter:

    April 22, 2016

    United States Department of Interior
    Bureau of Land Management
    Rock Springs Field Office
    280 Highway 191 North
    Rock Springs, WY 82901

    Re: Checkerboard Scoping Statement Comments

    Dear Sir/Madam:


  16. Inexpensive ($5) and effective castration tool that already works (no research required). Makes me wonder how invasive and clearly inhumane experimental surgeries on mare can even be a consideration.

    Enter the Equitwister. Made of stainless steel rod, PVC pipe, and a crank, it uses a similar approach to the Henderson tool in how it twists the spermatic cord, but though it’s manual, it requires little effort. It also costs less than $5 to make.

    “The Equitwister is easier to use, much less expensive, and as effective as any castration technique today,” said Turner, who has been using prototypes since 2014 and continues to make improvements.

    He said the procedure results in hardly any hemorrhage and, after the horse undergoes general anesthesia, can be performed in under a minute. In fact, Turner said he’s performed more than 200 Equitwister castrations and encountered only one hemorrhage and one evisceration in field conditions.

    In Turner’s experience, “the slow twist of the Equitwister is superior to the power twist of the Henderson tool because the spermatic cord is less likely to double on itself and the slower speed provides a tighter twist.”

    In summary, he said the Equitwister is ideal for equitarian work. To date, he’s trained more than 50 veterinary students to use it. The Equitarian Initiative sells these tools to raise money for their projects at equitarianinitiative.org.

    Source: http://www.thehorse.com/articles/37413/the-equitwister-a-simplified-way-to-castrate-working-equids?utm_source=Newsletter&utm_medium=welfare-industry&utm_campaign=04-21-2016


  17. Add this Legal Declaration to your comments


    Katherine A. Meyer
    Meyer Glitzenstein & Crystal
    1601 Connecticut Ave., N.W.
    Suite 700
    Washington, D.C. 20009
    (202) 588-5206
    Timothy Kingston
    408 West 23rd Street, Suite 1
    Cheyenne, WY 82001-3519
    (WY Bar No. 6-2720)
    (307) 638-8885

    Attorneys for Defendant-Intervenors
    Rock Springs Grazing Association, Case No. 2:11-cv-00263-NDF
    Ken Salazar, et al.,


    I, Lloyd Eisenhauer, declare as follows:
    1. I live in Cheyenne, Wyoming. I am a former Bureau of Land Management
    (“BLM”) official with extensive experience in the Rawlins and Rock Springs Districts in Wyoming and intimate familiarity with the public lands under BLM management in those areas. I have reviewed the consent decree proposed by BLM and the Rock Springs Grazing Association (“RSGA”) in this case and provide this declaration based on my longstanding knowledge of, and management of, wild horses and livestock grazing in the Rock Springs and Rawlins Districts.

    2. I grew up in Pine Bluffs, Wyoming with a livestock and farming background, served in the Marines for four years, and then owned a livestock business from 1952-1958. I enrolled in college in 1958, studying range management. From 1960-1961, BLM hired me to assist with collecting field data for vegetation assessments and carrying capacity surveys related to livestock and wild horses. These surveys were conducted in the Lander, Kemmerer, and Rawlins Districts. When I graduated in 1962, BLM hired me full-time to serve in the Rawlins District in Wyoming, where most of my work focused on grazing management involving sheep, cattle, and wild horses. From 1968-1972, I was Area Manager of the Baggs-Great Divide Resource Area in the Rawlins District. In 1971, the Wild Free-Roaming Horses and Burros Act was enacted, and in the spring of 1972, on behalf of BLM, I conducted the first aerial survey of wild horses in Wyoming, recording the number of horses and designating the Herd Management Areas (“HMAs”) for the Rawlins District. After a stint as an Area Manager with BLM’s Albuquerque, New Mexico office, in 1975 I took over as the Chief of Planning and Environmental Analysis in BLM’s Rock Springs District for three years. I was the lead on all planning and environmental assessments. During that time, I also served as the Acting Area Manager of the Salt Wells Resource Area, which is located in the Rock Springs District. In 1979, BLM transferred me to its Denver Service Center to serve as the Team Leader in creating the agency’s automated process for data collection. I received an excellence of service award from the Secretary of the Interior commending me for my work as a Team Leader. In 1982, I became the Head of Automation in BLM’s Cheyenne office, where I managed and implemented the data collection and processing of various systems related to BLM programs. I retired from BLM in 1986, and have stayed very involved in the issue of wild horse and livestock management on BLM lands in Wyoming, and have written articles about the issue in local and other newspaper outlets. I have won various journalistic awards, including a Presidential award, for my coverage of conservation districts in Wyoming. Along with a partner, I operated a tour business (called Backcountry Tours) for six years, taking various groups into wild places in Wyoming – without a doubt wild horses were the most popular thing to see on a tour, in large part due to their cultural and historical value. I also served six years on the governor’s non-point source water quality task force.

    3. Based on my longstanding knowledge of wild horse and livestock management in the Rawlins and Rock Springs Districts, and in the Wyoming Checkerboard in particular, I am very concerned about BLM’s agreement with RSGA, embodied in the proposed Consent Decree they have filed in this case, under which BLM would remove all wild horses located on RSGA’s private lands on the Wyoming Checkerboard.

    4. The Checkerboard is governed by an exchange of use agreement between the federal government and private parties such as RSGA. However, due to state laws, property lines, and intermingled lands, it is impossible to fence the lands of the Wyoming Checkerboard, which means that both the wild horses and the livestock that graze there roam freely between public and private lands on the Checkerboard without any physical barriers. For this reason, it is illogical for BLM to commit to removing wild horses that are on the “private” lands RSGA owns or leases because those same horses are likely to be on public BLM lands (for example, the Salt Wells, Adobe Town, Great Divide, and White Mountains HMAs) earlier in that same day or later that same evening. Essentially, in contrast to other areas of the country where wild horses still exist, on the Wyoming Checkerborad there is no way to distinguish between horses on “private” lands and those on public lands, and therefore it would be unprecedented, and indeed impossible for BLM to contend that it is removing all horses on RSGA’s “private” lands at any given time of the year, month, or day, considering that those horses would only be on the strictly “private” lands very temporarily and intermittently on any particular day .

    5. Another major concern with BLM’s agreement to remove all horses from the private lands of the Wyoming Checkerboard is that BLM is undermining the laws that apply to the Checkerboard, and wild horse management in general, which I implemented during my time as a BLM official. Traditionally, BLM officials (myself included) have understood that, pursuant to the Wild Horse Act, wild horses have a right to use BLM lands, so long as their population numbers do not cause unacceptable damage to vegetation or other resources. In stark contrast, however, livestock (sheep and cattle) have no similar right to use BLM lands; rather, livestock owners may be granted the privilege of using BLM lands for livestock grazing pursuant to a grazing permit that is granted by BLM under the Taylor Grazing Act, but that privilege can be revoked, modified, or amended by BLM for various reasons, including for damage to vegetation or other resources caused by livestock, or due to sparse forage available to sustain livestock after wild horses are accounted for. BLM’s tentative agreement here does the opposite and instead prioritizes livestock over wild horses, by proposing to remove hundreds of wild horses from the Wyoming Checkerboard without reducing livestock numbers – which, in my view, is contrary to the laws governing BLM’s actions as those mandates were explained to me and administered during the decades that I was a BLM official.

    6. While I do not agree with every management action taken by BLM over the years in the Rock Springs District, I can attest – based on my longstanding employment with BLM and my active monitoring of the agency’s activities during retirement – that BLM has generally proven capable of removing wild horses in the Rock Springs District, including by responding to emergency situations when needed and removing horses when necessary due to resource damage.

    7. Considering that wild horses exhibit different foraging patterns and movement patterns than sheep and cattle, and also than big game such as antelope and elk, no sound biological basis exists for permanently removing wild horses from the Wyoming Checkerboard at this time. In particular, wild horses tend to hang out in the uplands at a greater distance from water sources until they come to briefly drink water every day or two, whereas livestock congregate near water sources and riparian habitat causing concentrated damage to vegetation and soil. For this reason, the impacts of wild horses are far less noticeable on the Checkerboard than impacts from livestock.

    8. In addition, because livestock tend to eat somewhat different forage than wild horses (horses tend to eat coarser vegetation such as Canadian wild rye and other bunch grasses, whereas cattle and sheep mostly eat softer grasses), there is no justification to remove wild horses on the basis that insufficient forage exists to support the current population of wild horses. Also, because cattle and sheep have no front teeth on the front part of their upper jaws, they tend to pull and tear grasses or other forage out by the root causing some long-term damage to vegetation, whereas wild horses, which have front teeth on both their front upper and lower jaws, act more like a lawnmower and just clip the grass or forage (leaving the root uninjured), allowing the vegetation to quickly grow back. These differences are extremely significant because if there were a need to reduce the use of these BLM lands by animals to preserve these public lands, it might be cattle and sheep – not wild horses – that should be reduced to gain the most benefit for the lands, and which is why BLM, during my time as an agency official, focused on reducing livestock grazing.

    9. BLM’s agreement with RSGA states that RSGA’s conservation plan limited livestock grazing, primarily by sheep, to the winter months to provide sufficient winter forage. This is a good example of “multiple use” management, since wild horses and sheep have very little competition for the forage they consume and the seasons during which they use parts of the Checkerboard. During winter, sheep use the high deserts and horses utilize the uplands and breaks (i.e., different locations) for forage and protection. During the summer, when sheep are not present, wild horses use various landscapes on the Checkerboard. This multiple use should continue for the benefit of the livestock, the wild horses, and the public and private lands involved.

    10. I am also very concerned about BLM’s agreement with RSGA to permanently zero out the Salt Wells HMA and the Divide Basin HMA, leaving no wild horses in those areas that have long contained wild horses. I have been to fifteen of the sixteen HMAs in Wyoming, and to my knowledge none has ever been zeroed out by BLM. It is my view, based on everything I know about these areas and the way these public lands are used by wild horses and livestock, that BLM has no biological or ecological basis for zeroing out a herd of wild horses in an HMA that existed at the time the wild horse statute was passed in 1971, as is the case with both the Salt Wells and Divide Basin HMAs. And, again, because the wild horses have a statutory right to be there, whereas livestock only have a privilege that can be revoked at any time by BLM, there also is no authority or precedent, to my knowledge, for the agency to zero out these two longstanding wild horse herds simply to appease private livestock grazers.

    11. The zeroing out of wild horses in the Salt Wells and Divide Basin HMAs is also concerning because it would mean that, in those two longstanding HMAs, there would no longer be the “multiple use” of these public lands as required by both the Wild Horse Act and the Federal Land Policy and Management Act. Currently, while there are other uses of this public land, such as by wildlife, hunters, and recreational users, the two primary uses in those HMAs are by wild horses and livestock. If BLM proceeds with its agreement with RSGA to zero out wild horses in those HMAs, the only major use remaining would be livestock use, meaning that there would be no multiple use of those BLM lands. Not only will that potentially undermine the laws that BLM officials must implement here, but it has practical adverse effects on the resources – multiple use is very beneficial for the environment, and particularly for sensitive vegetation, because different users (e.g., livestock, wild horses) use the lands and vegetation in different ways. When that is eliminated, the resources are subjected to an unnatural use of the lands which can cause severe long-term damage to the vegetation. As a result, zeroing out these herds would likely bedevastating for the vegetation in these two HMAs, because livestock would be by far the predominant use in this area.

    12. Turning the White Mountain HMA into a non-reproducing herd, as the agreement between BLM and RSGA proposes to do, is also a farce, and violates the meaning of a wild and free-roaming animal. This is essentially a slow-motion zeroing out of this HMA, and is inconsistent with any wild horse management approach I am familiar with that BLM has implemented on public lands.
    Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct.

    Lloyd Eisenhauer

    Liked by 1 person

  18. STOP wild horse removal!!!!!!!!!! I plan NOT to vote to reelect my reps that choose to continue to eradicate our wild horses!


Care to make a comment?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.