Temperatures are expected to launch into Triple Digits this weekend in Reno as things heat up in the ongoing Triple B (Three HMA) lawsuit that now includes the Antelope Valley.
Today attorney Gordon Cowan of Reno filed a reply to Bureau of Land Management (BLM) new motion to dismiss a case that has been in the court system for years on behalf of Plaintiff Laura Leigh, President of Wild Horse Education. The case to date, that also includes the Jackson Mountain HMA in Northern Nevada, has gained two Temporary Restraining Orders and a Preliminary Injunction, the first in the history of the Wild Free Roaming Horse and Burro Act (WFRH&B Act), to inappropriate conduct.
The suit alleges that egregious conduct that includes running babies to exhaustion in intense summer heat, babies and pregnant mares being hotshot and even hitting a wild horse with a helicopter are a violation of the WFRH&B Act. The BLM attorney claims to have just realized that this suit is about conduct issues and claims Leigh has no right to bring the challenge.
As this case entered into Discovery Leigh’s attorney requested documents that pertain to the operation and disposition of animals. Documents requested included all documentation associated with BLMs Triple B Review where they admit the alleged conduct in fact did occur and all death statistics and veterinary reports including foal deaths from both the Triple B and Jackson Mountain operations. After the request was made BLM filed a Motion to dismiss Jackson Mountain and was denied in March of 2013. As Discovery began again and Leigh renewed her request for this information BLM attorneys filed yet another Motion to dismiss.
“Evading the issue will not make the issue disappear, stated Leigh “BLM has now created a plan that prohibits all observation of removals from Triple B requiring that we amend the complaint. The foals existed, they and pregnant mares, were over driven. Babies died and mares aborted. It is a fact that will not go away… and neither will we.”
Wild Horse Education is a Nevada non-profit devoted to gaining protections for wild horses and burros from abuse, slaughter and extinction. In 2012 Wild Horse Education won a major victory in the Ninth Circuit on First amendment issues in another ongoing case. The organization also carries another case heading to hearing in July on unjustified removals and inhumane treatment at the Owthee Complex in Nevada.
Links of Interest:
Read Court Filing Here: http://wildhorseeducation.files.wordpress.com/2013/06/doc93opposmotdism-1.pdf
Alert to protect wild horses and burros in holding: http://wildhorseeducation.org/2013/05/15/plea-for-treatment-of-wild-horses-in-holding-join-us/
Triple B (Three HMA) legal action amended to include First Amendment claims: http://wildhorseeducation.org/2013/06/24/tro-filed-to-stop-roundup/