Sargent Pepper Anne, a gelding, adopted from the NNCC inmate training program

NNCC Wild Horse Adoption Event a Success (reprint from Horseback Magazine,)

On Saturday May 18 the Northern Nevada Correctional Center in Carson City Nevada held an adoption/auction of wild horses trained by inmates.

The wild horses trained by inmates were taken from Bureau of Land Management (BLM) ranges. All wild horses were adopted through a bidding process and fall under the requirements of BLM adoptions. Title on the adopted horses will not transfer to the adopter for one year.

“I will miss him very much,” said Jake, a trainer of one of the wild horses adopted, as he patted his mount Pluto, “he was the first for me. We did so many things together for the first time.” Jake went on to speak with pride of the horse he trained and how. During the adoption event Pluto’s eyes were covered and he was ridden around the ring trusting his rider.

All of the horses showed a level of training that was a bargain at the prices fetched today. The high bid horse was a dun gelding from Twin Peaks named Junior. Bidding became lively as the trainer roped, dragged logs and loped the gelding around the ring. At $2,500. the bidding stopped. Three of the horses went for only $400. All of the wild horses offered were adopted at the well attended event.

The next opportunity to adopt a wild horse trained at the facility is scheduled in conjunction with the Western States Wild Horse and Burro Expo at the Douglas County Fairgrounds in August.

There are many wonderful wild horses in BLM short term holding corrals that are unhandled and some that have begun training by volunteers.

If you are looking to adopt a wild horse contact BLM in your state or visit this link: http://www.blm.gov/wo/st/en/prog/whbprogram/adoption_program.html

All prices in slideshow are unconfirmed

Many of the roundups these horses experienced can be viewed in our dropdown menu in the main menu bar.

Below are several of the videos that Leigh supplied to NBC. In these videos you will see much, much more. There are currently three active legal challenges carried by WildHorseEducation.org against this program as well as many other efforts to CHANGE what you see. Check back soon for updates!

One Stallion is the story of a single stallion, one day, at a BLM roundup at the Calico Complex 2011/2012.

calico wild horse roundup/ one stallion from Laura Leigh on Vimeo.

Is it Bad Enough for YOU? Is the video linked in the text version of NBCs Online coverage. This video has received more hits in the time it has been published than any wild horse video to date. The video is literally “viral” with almost 2.5 million hits.

Triple B from 2011 contains footage that was essential in gaining the first Temporary Restraining Order (TRO) in the history of the BLM program to conduct. The case has gone on to gain the first Preliminary Injunction to pilot conduct and a second TRO after the complaint was amended to include foals being run in June without justification. This legal action is currently in Discovery heading for hearing.

Owyhee Complex This video was taken before the lawsuit was filed that gained another TRO to conduct. After hearing the Order was lifted as BLM claimed financial hardship with strict conduct expectations issued by the court. This case moves forward to address unjustified removals and inhumane treatment.

Set Us Free! Is a video showing the “roundup” year in review for 2012. Leigh edited and published this piece after NBC had left. She received an additional “shopping list” for images captured in this piece that includes many images the public has become familiar with.

Calico and the foal whose feet began to fall off This video is the story of the colt that began Leigh’s non-stop crusade to gain humane care for wild horses and burros.

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We are currently working with other media outlets, preparing more court documents and gaining data need to protect our wild horses and burros from abuse, slaughter and extinction. Documentation is the most powerful tool we have to expose wrong. Documentation and utilization of that documentation CAN create change!

Infected yearling geldings

Call for Adequate Medical Care and Husbandry of BLM Captive Wild Horses

(Reno, NV) Wild Horse Education (WHE), a non-profit organization in the state of Nevada that tracks the condition of wild horses and burros on the range and in holding, has sent a request to the Bureau of Land Management (BLM) asking that immediate medical care and adequate husbandry practices be given to wild horses currently held at a short-term holding facility in Nevada.

Three highly infectious conditions—strangles, papilloma virus, and ringworm—have been documented in the population currently housed at the BLM Palomino Valey Center (PVC) wild horse and burro holding facility north of Reno. Although none of the conditions require emergency response, the conditions do require attention. However, the horses have received no treatment for these conditions.

PVC declared the strangles virus infection at the facility and set up a quarantine period for the disease which is ending soon. Once the quarantine period ends, animals that test clear of shedding the virus will be shipped to events and other facilities around the nation. However, Wild Horse Education (WHE) has observed a continual problem with nasal discharge in the PVC horse population. There may be some other condition present and lifting the quarantine may be premature.

The papilloma virus has been spreading through the younger animals. Wild horses captured last summer, this past winter, and those born at the facility have been documented with the warts that the virus causes. Equine papilloma virus is a highly contagious viral disease, with transmission of the virus occurring via direct contact between horses, or as result of contact with infected equipment. Equines up to the age of 3 to 4 years, due to immature immune systems, are extremely susceptible to this disease; older equines are less susceptible, but are not completely free from risk. Once they get the disease warts can form often all over the nose and become bloody and oozing. Who will want to adopt a horse that looks like that, even if the condition is treatable?

Ringworm has plagued animals in this facility for years. Ringworm is not a worm but is caused by fungus. Ringworm fungi like to live on the warm, moist surface of your horses skin and hair. Without proper hygiene procedures ringworm can be transmitted quite easily to other hosts as it is not unique to the equine.

In addition horses’ hooves are not routinely trimmed; they are trimmed prior to adoption and otherwise their feet are neglected. Many horses have not been trimmed for over a year and are at risk of permanent lameness due to neglect.

The extreme neglect at this and other BLM holding facilities is not immediately life threatening but it makes the horses unlikely adoption candidates and they then become vulnerable to slaughter. Also, if these non-life-threatening viruses spread this quickly and completely, then a life-threatening disease could spread like wildfire and decimate the captive herds.

The problem is not with the personnel at the different facilities, who by the way have recently been cut back again, the problem is with the BLM national policy.

“Responsible practices on the range and in holding seem to be a low priority for an agency that spends the majority of it’s time issuing private profit permits to all the fast-tracked projects that reap millions off of public land,” stated Laura Leigh, President of Wild Horse Education “the very least we can do is immediately find the funding to give basic care to the wild horses in holding to protect them and enhance their chances of being adopted.”

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CLICK HERE to see descriptions of conditions present currently and noted in the past.

CLICK HERE to see text of letter sent to BLM requesting funding and appropriate care

Petition: http://petitions.moveon.org/sign/blm-take-better-care.fb28?source=s.icn.fb&r_by=4161735

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To add your name to the plea, and make a comment, fill out the below form and we will update you on progress and add your comment to follow up documentation that we will provide to BLM.

LEGAL

• Yesterday we received an Order from the court in the ongoing matters of Triple B and Jackson Mountain. The schedule for Discovery sets up delivery of records by May 15 and two weeks to settle disputes until the next conference on May 31. (This case has already gained two temporary restraining orders and a Preliminary Injunction. The case is finally heading for the hearing on the underlying causes).
• On May 31st we have a hearing for Preliminary Injunction in another matter for the Owyhee Complex. The Owyhee Complex is a ten-year proposed operation where we are addressing inhumane treatment and inaccurate data used for removals. (This case has gained strong language against inhumane treatment in the temporary restraining order of the court).
• We await the ruling of Federal Court Judge Larry Hicks in the First Amendment case. This case will then go to hearing on underlying cause. (This case has already built new case law that has been cited in rulings denying BLM motions to dismiss our other actions. This case is so very important to the people’s right to know).

Mare and foal await return to Diamond Range

FIELD WORK

• Data is being gathered on several ranges that we are revisiting from last year. The drought issues that created such controversy last year will continue into this summer. We are gathering data from areas visited last year and ranges we suspect may be part of removal plans coming fast. Proactive responses must be utilized before removals. We are preparing.
• Data is being collected to support the return of the wild horses that await at the Carson prison to the Diamond range. We are working on plans to monitor and assist with proactive actions to ensure these animals go home, maintain the resources they require and the range is monitored to ensure recovery.

Wild horses offloading into the “closed to the public” facility Broken Arrow after capture from the range out of public site

RESEARCH TEAMS

MANY various projects are underway in research. Land use planning is being addressed. New regulations that will drastically effect our public lands are being addressed. The slaughter issue and the “Burns Amendment” are being investigated. There are several investigations that we hope to make public this summer.

Our new media campaign poster

MEDIA TEAMS

We are creating outreach material for use by the public, teachers and law makers. Our new “Rally Kit” is available for download on this site.We hope to bring new material to you soon.

We need your support to continue to fight to protect our wild horses and burros from abuse, slaughter and extinction. Please check our fundraising thermometer at the bottom of the website. You can see what we raise every month and check our accomplishment page to see what we do with your donations. Please consider making a donation. Together we are creating change!

ROUNDUPS

And of course we are getting ready to bring you coverage of as many days of roundup operation as is humanly possible. Our founder has been to more operation days than any observer or government personnel in the last three years. We will keep bringing you that coverage. Video below is a year in review of 2012,

Triple B, August 2011

This week the legal actions in federal court for Triple B and Jackson Mountain move forward in Discovery.  Leigh and her attorney, Gordon Cowan, continue the actions that began in August of 2011 at the Triple B roundup and then amended in June of 2012 to add Jackson Mountain.

On July 20th the BLM began the Triple B roundup in Ely/Elko Nevada. From the beginning of the operation there were issues with the operation that began the swelling controversy. Ability to observe animals after capture was impeded with “walk arounds” only being given once a week. The first fatalities of the operation were very young foals. One was a palomino that BLM said had defective tendons (any horse breeder knows you don’t run foals because tendon and hoof development varies widely and continues after birth much like the bones in a human skull). The other was a foal that BLM said had a mother that refused to nurse it (observers at the trap say the foal was not paired with it’s mom, told BLM that, but the foal was euthanized as a failure to thrive. The mare BLM paired the foal with was adopted and gave birth in February showing that the observer was likely correct). Temperatures soared and water tubs ran dry. Hotshots were freely used, animals were dragged by ropes and a helicopter actually hit a horse with the skids. All efforts to address these issues with BLM personnel failed and a lawsuit was filed.

That legal action by Laura Leigh, and her attorney Gordon Cowan, gained a Temporary Restraining Order. That order was the first of it’s kind in the history of the WFRH&B Act to conduct.

That action also spurred the Triple B Review. That review had BLM claiming nothing was wrong yet admitting to the alleged conduct. BLM’s Charter for the review team states: “In late August, Laura Leigh filed a lawsuit in Reno District Court alleging animal abuse and inhumane animal treatment among other things. On August 31, 2011 Judge McKibben issued a temporary restraining order to prohibit the use of the helicopter as demonstrated on August 11, 2011 (Laura Leigh video), that appears to strike a horse with the skid or flying the helicopter unreasonably close to a horse during the Triple B Complex gather.”

The Order and the review were unprecedented in the fight for humane handling of wild horses and burros.

The case at that time was held as “moot” and further action was halted.Until Leigh and her attorney overturned that “doctrine” in another case that had won on appeal in the Ninth Circuit. The court was written a letter notifying them of the decision.

Jackson Mountain 2012 had an ineffective Appendix added to the Record of Decision for humane handling, lawsuit filed (and won by WHE) to hold the agency accountable to it’s own policy on foaling season

In June of 2012 BLM declared a small area of emergency at the Jackson Mountain HMA in Winnemucca NV. They used that small area to push a roundup of the entire HMA to occur in June, during their own prohibited “foaling season.” That operation came after a “Leaders Intent” issued following the Triple B review from the state office outlining expectations for operation. The district watered down that “Intent,” and published their own guidelines for humane handling.

Observations again showed conduct that actually had seasoned observer Laura Leigh in tears. The callous over driving of newborn foals in the extreme desert heat of June had another suit filed. That suit was successful in holding the BLM to only the area of documented emergency and the plans to complete the entire roundup was stalled until July.

The week after the decision on Jackson Mountain the court awarded Leigh a Preliminary Injunction at Triple B based on the case law she and her attorney built in the case that had gone before the Ninth Circuit.

The case went into Discovery heading for a hearing on the underlying case. Documents requested by Leigh have not been provided as BLM filed a motion to dismiss the Jackson Mountain portion of the case saying that the emergency was over and not going to happen again. Leigh was able to show that the last two operations at Jackson were done under “emergency” including hundreds of horses that died in 2007 after the roundup. BLMs motion was denied.

The case goes back into Discovery conference this week.

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This case, and two others, are supported solely by Wild Horse Education. We engage in field documentation and conversations to protect wild horses and burros from abuse, slaughter and extinction. “We don’t just take pictures… we act.”

Jackson Mountain 2012

We put together a fast “kit” for anyone wanting to do a presentation at school or a rally. The material even includes an 11×17 file suitable for printing to use as a poster! Please do not remove our logo or copyright or edit images or copy and paste info. It is a violation of copyright laws and just plain disrespectful to those that took their time to save you time.

You can print the info and put in a folder, stack the sections separately, choose a few as handouts. We tried to create an informative, cohesive, eye-grabbing, not too graphic public display.

We hope this helps you to “wake up America!” and get lots of people talking, asking questions and fighting for our wild horses!

Click Image Below to go to “Press” Kit.

Click Image!

Considering the area that they came from (Battle Mountain portion of the Complex) that was seriously compromised and the severity of the winter, these horses are doing very well as they await their return to the range.

Final numbers are being determined for return to the range after treatment with PZP-22, a birth control agent. 792 were taken into corrals. Originally 603 were planned for removal.

Background

Family band utilizing water source in Corta. At the time of this photo the population of horses in Corta had moved out of the area. The area showed significant use by sheep and extensive littering of alcohol containers and shotgun shells.

Wild Horse Education did survey work of the area. A report can be found within a previous blog post here: http://wheblog.wordpress.com/2013/01/18/diamond-roundup-begins/ the link also has a video showing Boyd Spratling, BLM Wild Horse and Burro (WH&B) Advisory Board chair AND livestock interest for the Nevada Department of Agriculture (NDoA), giving a ‘report’ and asking that NDoA request the BLM remove all wild horse populations in the state to low “AML.” We highly suggest you download the WHE report and watch Boyd Spratling speak in his capacity at the Dept of Ag. (should this man be allowed to sit on the WH&B Advisory Board?).

For more insight into the issues surrounding Diamond (including a map detailing the significant fencing in the HMA that effectively cuts it in half) see this link: http://wheblog.wordpress.com/2013/01/27/snowed-in-and-information-on-diamond-complex-wild-horse-roundup/

The roundup is over. It is time to begin the discussion on what actually is a defined VIABLE USE as mandated under law (FLPMA and the WH&B Act) of wild horses on the range? What resource is required to sustain that use as outlined by law? And to recognize that multiple use is not being followed when a population within an HMA exists below that viability standard. It’s the law.

Youngsters from the Battle Mountain portion of the Diamond Complex arriving at PVC

Many of the horses that arrived at Palomino Valley Center (PVC) from the Battle Mountain portion of the Complex looked compromised (horses from the Ely/Elko areas look normal for February, remember this range has many, many fences). Considering the extensive over use for decades by certain users, the drought and the historically manipulated laws… the horses look better than expected. We watched them as they transitioned to feed.

BLM, in the Battle Mountain District portion of the Complex that is shared by Ely and Elko districts, restricted livestock use and monitored animals. They took some pro-active action during last summers drought and should be applauded for the effort. However now it’s time to correct the mistakes that get us to these places so they never happen again. Use restrictions remain in place yet must be monitored closely to make sure they allow the range to recover. If they do not the livestock restrictions need to be expanded.

19 yearlings were offered for adoption at the fire station in Eureka after the roundup ended. 11 horses were adopted and 8 shipped to PVC.

Wild Horse Education looks forward to seeing these wonderful horses at the prison safely returned to the range and will monitor progress. We look forward to sharing the experience with you as we work to “Keep Them in The Wild.”

Mare goes down during run into trap, Jackson Mountain 2012

The Triple B/Jackson Mountain Federal court actions carried by Wild Horse Education (WHE)  are moving  forward in court. There is a lot of misinformation out there about our work in Federal Court for wild horses and burros. To set the record straight:  These are the ACTIVE Court Cases  CARRIED SOLELY BY WILD HORSE EDUCATION: Triple B/Jackson Mountain, Owyhee Complex,  and the First Amendment (Public Access/Press Freedom) case. Some of the misconceptions and misinformation about our cases are that the cases are over, or have been dismissed by the judges. This is simply not true. All of our cases are active and we have links below for you to read to find out more about each of them. Part of the cause for the misinformation may be that people don’t understand how the law works. In the course of litigation a defendant —  (in these court cases the defendants are the Department of the Interior (DOI) and Bureau of Land Management (BLM)– files a “Motion to Dismiss.” When a defendant does this it is not the same as a judge saying a case is dismissed… it just means the defendant wants the judge to dismiss. However, the judge is the one who decides a case and a case is not complete until the judge says so).  A while back we wrote a general piece about how litigation works that can be READ HERE.

According to BLM these horses simply “tripped.” “No horses were run through barbed wire at Owyhee” ~ BLM in court documents

We recently did a piece to explain what is happening in our Owyhee case so to find out about that case READ HERE.

Yet another case we have that is active is the “First Amendment” case awaiting a decision on Preliminary Injunction.  That case concerns the public and press right to access and information. That case is still active and has yet to be heard and resolved as well. You can read some thoughts on recent activity HERE.

The Triple B/Jackson Mountain case is also still active. We gained a Temporary Restraining Order (TRO) in 2011 and another TRO and a Preliminary Injunction in 2012. That moved the case into a phase called “Discovery.” Discovery comes as part of the normal course of litigation, which also includes attempts at settling the issues. Discovery is the portion of litigation that allows requests for additional information to occur in order to appropriately discuss the underlying case at hearing.

The history of the Triple B case, and information on what happened and what we are asking for, in that case can be READ HERE. The case was later amended to include Jackson Mountain. You can read about the Jackson Mountain portion HERE. (The Jackson Mountain portion, done rapidly and about a relatively narrow claim,  demonstrates the amount of work that must be accomplished quickly whenever we file an action for Emergency Relief. After the emergency portion of a case completes you then have to head for hearing on the underlying Complaint).

Triple B video (still) that gained TRO in August of 2011(Leigh)

Where the Triple B/Jackson case stands NOW

After requests were made for Discovery items (by both sides),  this Order was filed:

DISCOVERY PLAN AND SCHEDULING ORDER

Following hearing November 21, 2012 with the Hon. William G. Cobb, the court enters the following Discovery Plan and Scheduling Order:

1. The complete administrative record for the Triple B roundups and Triple B review, and the Jackson Mountain roundup from the government defendants, shall be provided to the plaintiff no later than thirty (30) days from today’s date. 
2. Should the administrative record be considered incomplete by the plaintiff, and should the government defendants and plaintiffs not resolve the issue(s), one of the parties shall notify the court to schedule a status conference.
3.  On January 25, 20132, the government defendants and plaintiff shall simultaneously , file their respective motions for summary judgment. 
4. On February 15, 2013, the government   defendants and plaintiff shall simultaneously file their respective oppositions to the others’ motions for summary judgment.
5. On March 1, 2013 the government defendants and plaintiff shall simultaneously file their respective reply briefs to the others’ oppositions to motions for summary judgment.
6.   The government defendants and plaintiff shall reserve January 18, 2013 as a tentative date for a settlement conference with the court.

IT IS SO ORDERED  

UNITED STATES MAGISTRATE JUDGE

After this Order was filed BLM petitioned the Court to request a dismissal on the Jackson Mountain portion of the case. (This is a possible source of misconceptions. PLEASE when people send you things that discredit Wild Horse Education’s (WHE’s) work, ask us what the facts are).

THIS is what the Judge wrote:

The defendants’ motion to amend schedule (#66) to allow for the filing of a motion to dismiss plaintiff’s Jackson Mountain gather claims is GRANTED. Defendants shall have up to and including January 2, 2013, in which to file any motion to dismiss. Plaintiff shall file any response on or before January 24, 2013, and defendants shall file any reply on or before February 8, 2013. The current deadlines set by the court’s scheduling order (#65) are accordingly stayed. Following the court’s decision on any motion to dismiss, or, should no such motion be filed, following the deadline for filing the motion to dismiss, this matter will be referred to the magistrate judge to reset the remaining deadlines.

IT IS SO ORDERED. DATED: This 19th day of December, 2012.

Howard J. McKibben UNITED STATES DISTRICT JUDGE

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After this order by Judge McKibben on at the end of 2012 there was a rush of motions– first a Motion  by BLM and then Wild Horse Education submitted our Opposition and then BLM submitted a response.

On March 26th the Judge made a ruling on BLM’s motion to dismiss Jackson Mountain. Wild Horse Education (WHE) founder, Laura Leigh, is the plaintiff for the case. You will see below that the Judge dismissed the second of Laura’s three claims for relief, but did this ONLY to tidy up the process. IN FACT the Judge LISTENED to Wild Horse Education’s (WHE)  argument and  DENIED BLM’s request for dismissal.  Take a moment and let that sink in. Many of you feel that these issues are NOT being heard. But we ARE being heard. We are alive and have THREE active cases, all of which bring forth very important issues into the courtroom… into the hands of a Federal Judge that has the power to enforce law, create law and help build a better path for our beloved herds.

The ORDER in part:

Before the court is the defendants’ partial motion to dismiss, or in the alternative for judgment on the pleadings with regard to, the second and third claims for relief of plaintiff’s second amended complaint (#70). Plaintiff has opposed (#72), and defendants have replied (#73). NOTE: the numbers are citing filed documents.

In the body of the ORDER we see one of Wild Horse Education’s (WHE)  cases cited as law and used as the basis of this decision. Wild Horse Education’s (WHE) First Amendment case has already created a published opinion by the Ninth Circuit Court of Appeals and new case law to assist in showing the validity of arguments we make on behalf of wild horses and burros.BLM has always used the “mootness doctrine” as a way to avoid dealing with issues that in truth are ongoing, issues that BLM has always claimed in the past were “over” and therefore “moot.” That argument doesn’t work anymore and that is largely because of the work we have accomplished. This is why people need to persevere and not to lose faith in this process.

“The mootness doctrine ‘requires that an actual, ongoing controversy exist at all stages of federal court proceedings.’” Leigh v. Salazar, 677 F.3d 892, 896 (9th Cir. 2012) (quoting Pitts v. Terrible Herbst, Inc., 653 F.3d 1081, 1086 (9th Cir. 2011).

This is the Judge’s decision on BLM’s Motion to dismiss. We just got this decision this past week. So be aware that anyone saying our cases are dismissed or inactive is either misinformed or purposely misinforming the public.

Decision:

Plaintiff’s third claim for relief broadly seeks declaratory judgment. Plaintiff asserts that this claim merely seeks declaratory judgment with respect to the claims asserted in her first and second causes of action and does not assert a programmatic challenge. Because plaintiff includes a request for declaratory judgment in her prayer for relief, her third claim is duplicative and will therefore be dismissed.

For the foregoing reasons, the defendants’ motion for judgment on the pleadings (#70) is GRANTED as to plaintiff’s third claim for relief and DENIED as to plaintiff’s second claim for relief. This matter is referred to the magistrate judge for the resetting of the scheduling order in this case.

IT IS SO ORDERED.

DATED: This 26th day of March, 2013.

IN A NUTSHELL:

What all of this means is that the information we have asked for on Jackson Mountain is relevant to the ability to appropriately argue the underlying claims. We now go back to the Magistrate to again have a schedule crafted to gain the appropriate documents, craft our case and move the issues toward a hearing. When we have the new schedule we will let you know.

PLEASE realize that ALL of these cases are very active. Much of the work involving litigation takes place outside the realm of public view (a hearing is a very important part of this process but in truth represents only a portion of the work). These cases do need your support to continue to gain important “building blocks” on the road to real change for our wild horses and burros.

The video below is of some of the events that occurred at Triple B. The case gained the first Temporary Restraining Order in the history of the Wild Free-Roaming Horse and Burro Act and also won a subsequent Preliminary Injunction. After the Judge ruled,  BLM did their own investigation into conduct and through that investigation BLM  actually admitted problems with conduct (not like the vehement denials that occurred at Antelope in 2011). READ response to investigation HERE.  

Please consider supporting our investigations and actions on behalf of the wild horses and burros. We need your help to continue this work: http://wildhorseeducation.org/donate/

Today we wrap what we called “movie week” with our year end for 2012. We hope you find it inspirational and take more time to learn about Wild Horse Education (WHE) and support the effort for our wild horses and burros. “We don’t just take pictures.”

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Our finale for “movie week” is the year 2012 in roundups video. We were on the road at the end of the year and then very busy with litigation. We began the effort for the Owyhee Complex that stopped the roundup for a week and gained some language from the courts to expectations of treatment of wild horses. The case is still active and heading into hearing on Preliminary Injunction where we will address the BLM’s faulty method of determining excess as the operation moves forward (as plans changed) and the inhumane treatment of the wild horses removed.

Mare from Calico “2012″

In the video you will see images of Jackson Mountain. Jackson Mountain was the subject of litigation as BLM attempted to use a finite are of “drought emergency” to roundup wild horses through an entire herd management area (HMA) during June, a prohibited time of year for helicopter roundups due to foaling season. We stopped them from moving out of the specified area until after BLM’s asserted “foaling season” had ended. That case was added to the Triple B case that gained the first temporary restraining order and preliminary injunction to conduct in the history of the Wild Free Roaming Horse and Burro Act. That case is also still active in Federal court and engaged in Discovery pending hearing.

Throughout the video you will notice that we inserted some “long shots” and images of animals obscured behind trailers, trucks, hillsides, snow fencing and at a great distance. The very serious issue of access to animals has been an ongoing battle in Federal Court as well. As in all of the cases Wild Horse Educations founder Laura Leigh stands as Plaintiff represented by attorney Gordon Cowan of Reno. The history of this case includes a landmark victory to freedom of the press issues and the new case law is cited in litigation active to issues even outside of wild horses. That had another hearing in Federal court last month and is awaiting a ruling.

A fast photo of Dave Philipps, a journalist for ProPublica, appears in the Stone Cabin portion of the video. At Stone Cabin Philipps and Leigh spent a considerable amount of time in conversation and kept the relationship alive afterwards. Dave Philipps did an outstanding job bringing to print the investigation into the practice of BLM selling wild horses to known kill-buyers for $10.00 a piece and tax payers paying the shipping. That effort eventually earned Philipps a threat with “a punch in the face” by the now former Secretary of the Interior, Ken Salazar.

Wild Horse Education engaged in other investigations, field work and many issues at meetings and in conference in 2012. Although rather known for coverage od roundups please remember “We don’t just take pictures.”

And again… many thanks to the amazing talent of Maria Daines and Paul Killington. Out last two year in review videos have featured songs by this talented duo. This time they lend “Set Us Free,” an amazing inspirational piece. The video has several “escapes” featured.

Without further fanfare: “Set Us FREE!”

CLICK HERE TO DONATE: http://wildhorseeducation.org/donate/

UPDATE: Our attorney had significant surgery and hearing date reset. ORDER granting [21] Motion to alter Preliminary Injunction hearing date. The hearing set for 4/18/2013 at 9:00 AM is reset to 5/31/2013 at 9:00 AM in Reno Courtroom 3 before Judge Miranda M. Du.

BACKGROUND

Run in sub-freezing temperatures at Owyhee (Leigh)

When we are talking about cases involving wild horse and burro issues (particularly issues surrounding handling of animals) writing (and researching) a case, obtaining the temporary restraining order (TRO) and Preliminary Injunction, and gathering and preparing documentation and collecting declarations to support the argument are often done at a frantic pace. As an example, if an issue is documented that raises concern, attempts must be made to address issues through other means first. If those efforts fail, and there is no action made by the erring party at improving the situation, the only option at that point is to address the issues through the courts. Often you find yourself under the gun of time. Many operations take place rapidly and you must create your case before the conduct in question ends, e.g. before a particular roundup ends. However, new case law (created in a case carried by  Wild Horse Education (WHE) has effectively demonstrated that conduct is cyclical, and likely to reoccur, as Bureau of Land Management (BLM) roundups repeat in each area in any given time frame.  In addition, BLM can operate on plans that have not been revised to correct the contested actions, as is the case with the Owyhee Complex of roundups in Nevada where BLM is operating on a Record of Decision that spans ten years. Over the span of the execution of the ten year plan, BLM has not revised the plan to correct the issues presented to them through all avenues.

If you have been following the Owyhee case on our WHE Blog, Facebook page and website, you know that WHE was at the first phase of operations in the Owhyee roundup, almost daily, and documented issues that raised serious concern. WHE documented horses being run into barbed wire, excessive and unjustified  hotshot use, foals literally being run to exhaustion, and horse run until they were steaming in extremely cold temperatures. The distances these horses were stampeded  exceeded ten miles. The next scheduled roundups in the Owyhee Complex operation could require stampeding horses at distances as much as twenty five miles to reach the chosen trap location. These are Issues that WHE, and the  public, through a  letter writing campaign, made every possible attempt to rectify.

And as BLM has chosen not to do the entire Complex operation based on the data used to create the decision, they have now created a situation where, as they move operations forward months or years after data is collected, they now can not accurately determine excess animals exceeding their authority under the Act. In other words they can not accurately determine  how many horses they will leave on the range and will likely leave populations in each Herd Management Area (HMA) well below their claimed “Appropriate Management Level,” or AML.”

Run by helicopter, run by horses, roped and exhausted this foal is carried back limo to the trap, Owyhee Complex

THE CASE TO DATE:

Incredibly on January 3rd, 2013 BLM announced it was moving into the second phase of the ten-year plan without making any changes to the plan. That announcement began the clock ticking for Leigh and attorney Gordon Cowan to write the Complaint and Motions and to finalize all supporting documents and declarationsfor WHE’s filing in court against BLM’s actions.

(To see the personal side of this, all the above events were occuring simultaneously for Laura Leigh, WHE President and principle investigator, who was also working on a separate legal case against BLM, arguing Motions in yet another case, recovering from a severe case of hypothermia that happened during final days at Owyhee, and preparing for and starting the observation project for the Diamond Complex roundup).

On January 4th Federal Judge Miranda Du, in response to WHE’s filing,  granted an emergency TRO and halted phase two of the Owyhee Complex operations, pending hearing. What happens then behind the scenes is that during that time before the hearing,  BLM attorneys craft a “Reply” which WHE has to respond to by crafting an “Answer.” All of this takes incredible amount of time and effort.

On January 10th there was a hearing in federal court regarding the WHE’s Owyhee TRO motion. The night before, in a race against time, after the briefs on the TRO were filed, WHE finished the more extensive Owyhee Complex brief for Preliminary Injunction. At the hearing, BLM argued that temporarily holding the horses they had just captured in the field (remember they announced they were moving ahead late on January 3rd and started at sunrise on the 4th) was costing the taxpayers $20,000 a day! Holding less than 50 horses in pens on the range was costing $20,000 a day? So BLM said they needed the order lifted to transport those animals immediately to short-term holding. The BLM also claimed that Nevada State WH&B lead, Alan Shepard, was a “witness” that all conduct at Owyhee  was “humane.” The only slight problem with this is that Alan Shepard had not been to Owyhee nor had he reviewed any of the video tape. The BLM Incident Commander (IC) who is supposed to, according to BLM policy,  communicate all activities “up the chain,” was only seen to be present by WHE declarants (WHE witnesses at Owyhee ) on two days of the operation. The hearing lasted much longer than most hearings for TRO, and the Judge told those in court she would give her ruling shortly.

Foal falling after stumbling at ditch as other horses stampede through the jute, Owyhee Complex

On the way out of the courtroom,  BLM Nevada’s WH&B lead Alan Shepard said, that BLM would continue to treat the horses as they always do. He made that statement before the Judge’s ruling.

Within a couple of short hours the Judge gave her ruling. She did allow BLM to continue the operation (remove the 50 horses and PZP treat and release about 150),  but she set the Court’s expectations of how the operation would continue. PLEASE READ BOTTOM OF PAGE HERE>>>

(Please note BLM did not then ship the 50 horse out of the field until three ays after the TRO was lifted. Right, the same horses that were costing $20,000 a day to hold and were constituting a hardship if the Judge did not immediately lift the TRO and was the bulk of BLM argument to the TRO).

WHAT COMES NEXT?

A hearing date has been set for the next motion to be heard. That date is currently set for April 18th in Nevada Federal Court. (To find out more details about the hearing, sign up for email notifications on our website, subscribe to our blog, or like us on Facebook for regular update posts).

The next motion is the one that involves a Preliminary Injunction. A Preliminary Injunction, if won, will hold off the operation until the underlying case can be heard. If the underlying case is heard,  the language of an Injunction  can become permanent (unless Appealed).

The Owyhee Complex is on a ten year plan and BLM did announce that they could be back as early as this summer, with the Snowstorm Roundup  (HMA in the Owyhee Complex) as the likely first target. Snowstorm HMA had been removed from the schedule this winter, suspended due to a lack of space for more horses in BLM holding pens and warehouses. The Snowstorm HMA had a target of 384 animals to be run into government pens and 256 to be removed. ALL HMAS in the Owyhee Complex are now subject to removal, whenever BLM decides to do so, without another Environmental Assessment (EA), public comment,  or any new data gathered over the NEXT TEN YEARS.

Owyhee Complex

THE PRELIMINARY INJUNCTION

Inserted below are screen grabs of  documents filed with the court. Please take the time to read through these documents to understand the case for humane treatment and that BLM is exceeding authority to remove horses that WHE is making. If WHE is successful in this case it will mean that there will be in place a Court-ordered humane treatment expectation at all roundups at the Owyhee Complex for the next ten years and that BLM will be prohibited from removing animals it can not identify as excess. This would still mean BLM will have to be observed by outside parties, like WHE, and called to task for violating the orders, but a permanent court injunction is the law….not just a BLM memo of good intent (as the Memorandum on expectations they are presenting to the public is a non-specific reiteration of current protocol, it is nothing new).

Documents below are a series of screen grabs to allow you to see the current arguments. Each document is also loaded in fill version. Declarations etc will be loaded shortly under the Owyhee section of Legal Action in the menu bar. (WHE needs your support to continue this case. Please read and decide if this action is one you want to see move forward and support it if you can).

CHALLENGE

Plaintiff (Leigh) Challenges:

Plaintiff (Leigh) continues

Plaintiff gives a bit more background: 

continued:

IMPORTANT INFORMATION ON NEXT PHASE OF OWYHEE NOTED (as BLM is now claiming they have no plan to go there until perhaps two years from now, in briefs filed to dismiss this motion)

INTERESTING:

A REMINDER (one section)

CONCLUSION:

The Plaintiff’s Motion was uploaded in full in this post>>>

BLM RESPONSE

(all of the below are from BLM’s filed Reply to Preliminary Injunction (the argument AGAINST us)

These are some important things YOU need to see nestled in BLM’s response to the challenge.

FIRST is a statement that shows litigation CAN lead to an amendment to the ACT itself, in this instance not in the horses favor.

THIS IS VERY IMPORTANT-BLM CLAIMS THEY CAN REMOVE HORSES WITH SIGNIFICANT “DISCRETION” THAT ARE EXCESS, (Remember that term “significant discretion,” BLM uses it all the time)

AND THAT ARE NOT EXCESS, BUT BECAUSE OF RANGE HEALTH, REGARDLESS OF CAUSE

AND IN ANSWER TO THE ADMITTED FACT THAT THEY HAVE NO DATA TO JUSTIFY THE REMOVAL THEY BASICALLY SAY THEY DON’T NEED IT

IN A NUTSHELL THEY BASICALLY SAY THEY CAN DO WHAT THEY WANTdeference

HERE THEY DENY WHAT THEY SAID TO THE PUBLIC IN DECEMBER 2012 and JANUARY 2013 in RESPONSE TO LETTERS EXPRESSING CONCERNS

BLM ALWAYS SAYS THIS… HOWEVER THEY CLAIM THAT THE TEN-YEAR OWYHEE COMPLEX ROUNDUP IS OVER? 

HERE BLM CLAIMS THE ROUNDUP WAS HUMANE

HERE BLM CITES A CASE OF OIL REFINERIES CREATING POLLUTION TO CLAIM THAT THEIR TESTIMONY OUTWEIGHS THE PRIVATE SECTOR (BUT IN OUR INSTANCE IT IS THE OFFENDER DETERMINING HIS OWN CONDUCT STANDARD)

BLM CLAIMS LEIGH IS “SELECTIVE” IN HER CONTENT AND HER DOCUMENTATION DOES NOT SHOW ABUSE

BUT EVEN IF THE COURT AGREES WITH LEIGH AND HER DECLARANTS THE BLM CLAIMS THE COURT CAN’T RULE IN HER FAVOR

BLM CLAIMS THERE WERE SPECIFIC GUIDELINES IN PLACE

HERE BLM QUOTES THEIR “GATHER RELATED” NUMBERS (not included are deaths that BLM says were pre-existing nor injuries nor deaths at the facility)

HERE BLM IS TALKING ABOUT WHY HOTSHOTS WERE USED

SELF-EXPLANITORY

HERE BLM CLAIMS LEIGH DOES NOT SHOW ANY INHUMANE CONDUCT

HERE BLM CLAIMS LEIGH HAS NO RIGHT UNDER LAW TO ASK FOR BLM TO HAVE SUFFICIENT DATA

HERE BLM CITES A CASE WHERE STANDING WAS NOT GRANTED AND THAT LEIGH IS NOT HARMED BY WHAT SHE WITNESSES (If you do not meet this standard, even if your argument is valid, your case will be dismissed)

HERE BLM IS TRYING TO ARGUING A CASE WHERE LEIGH (WHO HAD/HAS STANDING) SHOWED THAT BECAUSE AN ACTION HAD CEASED IT WAS STILL APPLICABLE TO THE COURT AS LIKELY TO REPEAT, YET THEY CLAIM IT IS NOT APPLICABLE HERE.

HERE BLM MAKES A CLAIM THAT LEIGH HAS NO RIGHT TO ASK THAT THE BLM PROVIDE INFORMATION TO THE PUBLIC AS THE PUBLIC CAN GAIN THAT INFORMATION FROM THE PRESS (YET LEIGH JUST LEFT ANOTHER FEDERAL COURTROOM ARGUING THAT BLM DENIES INFORMATION TO HER, AND OTHERS,  EVEN IF THEY ARE “PRESS”)

BLM REPLY BRIEF IN PDF HERE (Doc17-0)OpposMotPrelimInj(Def)

HERE IS LEIGH’S ANSWER IN FULL

All supporting declarations will be posted shortly.

WILD HORSE EDUCATION NEEDS YOUR HELP!

The Owyhee case is heading for hearing. The Triple B (and Jackson Mountain case), which is also a case to secure humane treatment, are in Discovery phase in the courts. The First Amendment or Press Freedom case is waiting for a ruling on Preliminary Injunction with the underlying matter still needing to be addressed . (In the Press Freedom case WHE needs to purchase the court transcripts of the hearing, which will cost over $1000. WHE has to have the transcripts just to prepare a response, it does NOT include any other fees). There are rumors that after WHE wins a TRO they get a lot of money from the government, that is false. AS a matter of fact in both the Jackson Mountain TRO and the Triple B Injunction WHE had to post a small bond requiring further expense.

PLUS WHE has roundups and other field work and various other investigations and issues associated with drought and potential removals.

Our work  must continue and if you feel these cases and are worth fighting for then we need really your support! Small donations add up and give us the fuel we need to see this through!

CLICH HERE TO DONATE: http://wildhorseeducation.org/donate/

BLM has made claim that they are telling the entire truth and that Leigh is “selective.” Below is Leigh’s video of one of the barbed wire and then BLM’s. Can you decide who is selective when BLM omits the entire event?