Today we received two Orders from two separate courts on two different cases.
On the Owyhee case:
Judge Miranda Du denied BLM’s motion for Summary Judgement on the case. She granted our Motion to file the amended complaint. The case deals with inhumane treatment and unjustified removals under the BLM’s ten-year plan for the Owyhee Complex. In the first TRO on this case the court created some strict language of expectations that included issues such as barbed wire and foals not being run so hard that they can’t keep up (we have seen this behavior in other roundups since the order). This case is now pending Discovery and hearing on the merits.
Video so you remember Owyhee:
First Amendment case:
The Ninth Circuit Court of Appeals has placed this case on the hearing schedule.This came after granting our motion to expedite the case and creating a fast briefing schedule this next month for BLM to reply to the appeal and for us to file our answer. The case is on the schedule for 9 am on December 3rd. The panel of Judges that will hear the case will be announced the week before hearing.
This is the second time this case has gone to the circuit court. In February of 2012 the court ruled in our favor and remanded the case back to the district court to allow full testimony on the issue (we were restricted from creating a complete record the first hearing) and gave the district court strict parameters to rule on the case. At hearing earlier this year in the district court we created a record that demonstrated historic access and that the government was using arbitrary measures to restrict access to information that can only be gained through first hand observation and had been allowed prior to the images being released that created public scrutiny to the program.
This case has been an ongoing issue that spans through the entire program. Simply put: The American public has a right to know. Fifteen press organizations joined this Appeal through Amicus. READ HERE: http://wildhorseeducation.org/2013/09/15/press-organizations-join-wild-horse-journalist-against-blm/
WildHorseEducation.org is committed to gaining protections for wild horses and burros from abuse, slaughter and extinction.