Preliminary Injunction to Pilot Conduct Ordered against BLM
On June 22, 2012 the Honorable Judge Howard J. McKibben issued an Injunction to pilot conduct in the Triple B Complex case that was amended following a decision in the Ninth Circuit on another matter by the same Plaintiff and attorney that changed underlying case law.
In August of 2011 Plaintiff Laura Leigh, founder of Wild Horse Education, gained a Temporary Restraining Order (TRO) that shut down the Bureau of Land Management’ (BLM) Triple B roundup in Eastern Nevada. The TRO was granted directly related to the pilot flying “dangerously or unreasonably close” to wild horses during roundup operations. Specifically Leigh’s camera caught a pilot apparently striking and exhausted animal. During the hearing the Judge referenced the agencies attempt at justification a: “blame the horse affront.”
Following a victory in the Ninth Circuit on Freedom of the Press issues involving wild horses Leigh amended the Complaint to address the new case law.
The new ruling makes the parameters of the TRO permanent through the life of the Environmental Assessment, or 2013.
“With each new case that wins you create a new vocabulary of sorts within the conversation of law,” said Laura Leigh, “If you spend time in a law library reading cases you can see the evolution of the conscience of our nation. “
“Rulings like these help to validate the marathon of documentation and creating a chain of information,” said Leigh, “This has been a grueling process lasting years. It is extremely encouraging to see that the ‘faces of the voiceless’ are being heard.”
The original ruling and pending Amended Complaint were instrumental in spurring the BLM’s investigation that lead to the Triple B review that admitted much of the alleged conduct had occurred. That document promised a policy on the ground to address the issues of humane care. To date no policy has been issued by the agency.
The legal action and documentation can be supported through contributions to Wild Horse Education http://wildhorseeducation.org
Links of interest:
Wild Horse Education: http://WildHorseEducation.org
WHE analysis of BLM’s Triple B Review: http://wildhorseeducation.files.wordpress.com/2011/12/analysis_blm_revtb_2011_whe1.pdf