Wild Horse Education

UPDATED: ON FILE! Clerical Error Delays Action Against BLM, as they hide bait trapping from the public

Babies in extreme heat for miles and miles at Triple B

Babies in extreme heat run for miles and miles at Triple B

The Motion to Amend is ON FILE as of TODAY. These are the types of things that are usually not seen by the public. This process of Motions, replies, amendments, declarations etc. etc. is intense and stressful. But we are NOT giving up and will keep cutting away at the excuses and excuses and EVENTUALLY get to argue the MERITS of these arguements. Keep in Mind that BLM has filed another motion to dismiss NOT based on anything to do with the conduct or questions of the BLM … but yet another argument that makes yet another claim that we can not be allowed to make the argument. We must file an answer shortly.
Motion to include bait trapping and First Amendment ON FILE for Triple B!

Motion to include bait trapping and First Amendment ON FILE for Triple B!

Note from WildHorseEducation.org President Laura Leigh ~
I know many of you like to follow the court filings. There has been a glitch in the system (apparent clerical error on the part of the court) that has delayed the filing of the TRO and Preliminary Injunction. 
 
In no way are we going to allow this matter to go unheard. We are ready to address this serious issue immediately (bait trapping issues and prohibiting public access completely). BLM can not be allowed to create an operation in an area under intense scrutiny (TRO, Preliminary Injunction, and case in Discovery) and avoid scrutiny by stripping the First Amendment.
 
The following is the explanation of what occurred and why the expected filing on Triple B and Jackson has been delayed… all documents are filed below this note.
 
On Thursday I had my first surgery, with expectation that I would be able to work by Sunday, and file the Amended Motion on Triple B and Jackson Mountain on Monday.
 
However I had serious complications that required that I head back to the hospital and was wheeled back into surgery Friday. As I was literally being taken in we requested an additional day to file. It was granted over the phone at 15 minutes to 5pm on a Friday.
 
Our Motion on Triple B bait trapping was filed by 5 pm yesterday. McKibben denied the Motion this am saying we were not “timely.”
Today we had to speak to the court about the error and were required to file another motion to reconsider based on the mix up because no minute order was filed on Friday. I have attached all the documents.
 
So now the expectation is that by tomorrow we will be given the opportunity to have this matter before the court. At that time we will file the additional motions to request the court stop the removal. 
 
Unfortunately the TRO and Preliminary Injunction sitting awaiting filing may come after BLM sets traps.  I expect the “glitch” to be fixed early am. As soon as the remaining documents are filed we will send out a press release.
 
Again, in no way are we going to allow this matter to go unheard. We are ready to address this serious issue immediately. BLM can not be allowed to create an operation in an area under intense scrutiny and avoid scrutiny by stripping the First Amendment.
 
Best ~Laura Leigh
Below is the Press Release Prepared this AM before the apparent court error
Action Against BLM, as they hide bait trapping from the public

(Reno, NV) The wild horse and burro advocacy group, Wild Horse Education (WHE) has filed another motion against the Bureau of Land Management (BLM) to add more fuel to the case against inhumane conduct at Triple B Complex and the Jackson Mountain Herd Management Areas. The newly described and identified wild horse roundup operations for these areas will be based on bait trapping and would likely result in inhumane conduct. Moreover, the intended roundups, announced on May14, 2013 and to commence as early as June 13, during the BLM’s own established foaling season, are to be conducted completely outside of public observation. This is a violation of the First Amendment constitutional right of the public to observe and report on these roundups.

Horse hit with chopper Triple B

Horse hit with chopper Triple B

In August 2011 at Triple B Complex roundup, Wild Horse Education’s President and principle researcher, Laura Leigh, plaintiff in the case and President of Wild Horse Education, observed the contractor make contact with an exhausted horse with the skid of a flying helicopter. In addition she documented the pilot repeatedly chasing wild horses at high speed with the helicopter dangerously close, wild horses hot shot, kicked in the head, chasing horses over miles of terrain unnecessarily, depriving captured horses of sufficient amounts of water, driving young, unweaned foals miles beyond what is healthy for the newborn horses among other conduct. The court granted a TRO and later a Preliminary Injunction to pilot conduct, the first in the history of Federal Management of wild horses. Much of this conduct was admitted to by BLM in their Triple B Review report.

This case was actively engaged in Discovery arguments, as BLM again refused to disclose documents requested by Leigh’s attorney Gordon Cowan of Reno. Both parties were given opportunities to file new Motions. BLM filing another motion to dismiss (with the former motion to dismiss Jackson denied in April of this year). Leigh and her attorney have made a motion to address the changing situation at Triple B and the new threat that the complete lack of transparency will spread to include Jackson Mountain.

Looking in at horses already captured at BLM bait trap operation at Deer Run

Looking in at horses already captured at BLM bait trap operation at Deer Run

Furthermore issues have arisen in BLMs new plan that limit any ability to monitor numbers of animals, handling of animals and condition not just for the public but even for BLMs own personnel as BLM supervision will only be permitted 25% of the time and controlled by the contractor. The contractors remain unknown and they are forbidden to speak to press and public.

“There are serious flaws in this new plan that give absolutely no assurance to the public on actual numbers of animals removed or any pretense of handling,” state Leigh “Looking closely at the new ‘plan’ one would almost begin to suspect it was crafted with a primary purpose of removing the current scrutiny of the public and the court, instead of creating any objective that has wild horse welfare in mind.”

Wild Horse Education is committed to seeing all three of their active federal lawsuits through and addressing new concerns as they arise.

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WildHorseEducation.org is a Nevada non-profit devoted to protecting wild horses from abuse, slaughter and extinction.

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Categories: Wild Horse Education