Horse News

US Judge WON’T rein in Federal Wild Horse Roundup in Nevada

“Once Again, Wild Horses and Burros just cannot catch a break!!!”

Former wild horses imprisoned by the BLM photo by Terry Fitch of Wild Horse Freedom Federation

A federal judge decided Friday not to rein in the roundup and capture of wild horses in eastern Nevada, rejecting advocates’ claims the federal government was “needlessly and recklessly” killing free-roaming mustangs in violation of U.S. law.

With a little more than four weeks to go for federal land managers to complete what they call a drought-prompted “gather” near the Utah state line, U.S. District Judge Miranda Du said she wasn’t convinced groups trying to stop the process would win their underlying lawsuit.

“The court finds that plaintiffs have not shown they are likely to succeed on the merits of their claims and that the balance of equities in this instance weighs against enjoining the 2022 gather,” she said.

The U.S. Bureau of Land Management insists it must round up the mustangs before the end of February — one of several operations scheduled on an expedited basis due to historically dry conditions on the Western range.

Maggie Smith, a Justice Department lawyer, told the judge on Wednesday that a delay of even two or three days would prevent the agency from completing planned removals before the end of the year.

10 replies »

  1. From what the judge said “plaintiffs have not shown they are likely to succeed on the merits of their claims and that the balance of equities in this instance weighs against enjoining the 2022 gather,”
    She really didnt say they were wrong – just that they couldnt win their case!

    Liked by 2 people

  2. Again, I’m sicken by our corrupt Gov. Drought doesn’t have anything what-so-ever to do with these horrendous gathers. Wild Horses & Burros have dealt with these conditions their entire lives. They know how to handle weather conditions, don’t they? Everyone knows the gathers are to give livestock more areas to graze & destroy the land where horses are being removed. Gathers are unlawful, but that doesn’t stop the Gov. from breaking these laws!
    Dismayed by judges ruling, but not surprised. OUR wonderful horses are doomed without any Gov. intervention & that isn’t happening, is it? Money does speak to our officials more than the voices of their constituents Just think what we could accomplish with the millions that flow hands in D.C. now.

    Liked by 2 people

  3. Let’s take care of the 60,000 Mustangs stuck in limbo in far worse shape First-then worry about the few Mustangs still able to be free. It’s horrible. How many are to suffer with no end, broken sad. We owe it to these Mustangs that are supposed to be protected. Put that hellicopter money into giving them part of the millions of acres that are rightfully theirs.

    Liked by 2 people

  4. It sounds like the judge did not buy much of the BLM’s argument and even mocked the BLM’s WH&B specialist (“Noyes confirms that the conditions in this are variable . . . . Although the government’s response is somewhat variable”).

    But the Judge still found plaintiffs did not support their HMAP requirement, “inhumane treatment,” and NEPA claims strongly enough. A few claims were dismissed without prejudice, which is a good sign that this Judge would be willing to hear better arguments.

    The bottom line is the Judge could have enjoined the gather for the rest of this year and required an HMAP to keep all information current.
    It doesn’t appear to me the plaintiffs had experts who testified about the need for an HMAP? I’d guess not if the Judge isn’t convinced. I also don’t sense the Judge was sympathetic to the plaintiffs.

    My guess is there needed to be MORE SCIENCE shown by the plaintiffs and the Judge needs to personally believe the broken leg of any horse is not worth a roundup.

    So many of the vaunted legal staffs of our advocacy orgs like to talk about their legal strategies …. and many of these strategies have failed in bringing an end to roundups ….

    With so many advocacy orgs and so many attorneys, why are we getting out outwitted so GD always by the BLM?

    Liked by 2 people

  5. Makes one wonder about your last two sentences as to why etc. If the judge is in doubt take her out & show her the broken bones, dead horses, little ones left alone on the range to fend for themselves. Go to holding cells to see what’s happening! The thing is no one wants to know of these disgusting things, & BLM atrocities so they ignore what’s right in front of them. Bottom line the Gov. is InCharge of all these wrong doings that are killing OUR Wild Horses & Burros!
    It’s all about the money, follow the money!
    Many lawsuits, but not one good thing happening for horses. I agree, why not!!!!!

    Liked by 1 person

  6. All of the posted comments, are to the point! The welfare of our Wild Horses/burros, does not matter to our Judges; elected officials!! Deceased horses, due to brutality, foals/horses, with broken limbs; unacceptable conditions, at the holding facilities, are immaterial to our Government!.

    Liked by 1 person

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