BLM rehearing Denied

Public Land closure 2010 Owyhee

Ninth Circuit upholds Wild Horse “win”

On Monday, April 16, 2012, the Ninth Circuit denied the Bureau of Land Management’s  (BLM) petition for rehearing in the ongoing saga to gain access to the Agencies handling of wild horses.

The original Appeal began with a notice filed on February 14, 2011 on behalf of Wild Horse Education founder Laura Leigh.

On February 14, 2012, exactly one year later, the Ninth Circuit published an opinion in Leigh’s favor.

As James Madison wrote in 1822, “a popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.”’9 WRITINGS OF JAMES MADISON 103 (G. Hunt ed. 1910)”

The Ninth Circuit added language to the Opinion after BLM made a petition for rehearing. The additional language notes that the Agency is not only held to the mandate to remove excess horses insuring that another roundup would occur, but that the Record of Decision on file for the “Silver King” roundup allows horses to be removed through 2013. The Amended opinion also states “With this amendment, the panel has voted to deny the petition for rehearing. Subsequent petitions for rehearing or rehearing en banc may not be filed.”

In another matter involving the lack of a Humane Care Standard before the federal District Court Leigh filed a Motion based on the decision granted in the Ninth Circuit. The BLM asked that the decision to deny relief stand as they were asking for a rehearing in the Ninth.

Today Leigh filed a Supplemental Brief to the “Humane Care” case.  The newly filed Brief notes that the Record of Decision for the “Triple B” gather, associated with the case, allows for removals through 2014. It also restates that according to BLM’s own calculations the scheduled original scheduled operation was never completed. A Temporary Restraining Order (TRO) granted to Leigh in August of last year, after a hearing in Federal District Court in Reno by Honorable District Court Judge Howard McKibben stopped the Triple B roundup due to inappropriate conduct at the roundup.

“Maybe after two years of trying to get to a conversation that actually deals with the issues at hand,” said Leigh “We have finally gotten there.”

Leigh has attempted to initiate dialogue with the BLM on the implementation of a Humane Care Standard. To date the Agency has not responded.


Both cases, and the documentation required to carry them forward, are supported by Wild Horse Education.

Categories: Uncategorized