As the first week of the East Pershing roundup draws to a close, there is a lot to report. (You can see daily log HERE).

Thoughts from our founder, Laura Leigh (Opinion piece). 

As I sat and edited the footage from our observer, I was struck with how much I see in footage where the public cannot see a graphic “smash into a panel, hotshot or helicopter.” However, we can “see” an awful lot. 

Our observer was the only member of the public to show up. Stuck standing alone “1000 ft,” nearly 3 times the distance of a football field, in the snow, in an area the BLM claims is the only safe spot an advocate with a camera can stand. What our observer onsite documented is a powerful statement about todays BLM. On day 6, this insanely cold and wet day, BLM shipped foals caught throughout the week as we await the pending arrival of the BLM’s CAWP team (that did not come during the first week), we face bizarre access restrictions. 

Please scroll down to the red text at the bottom and make the call this week. 

This needs to be stated for context. Wild Horse Education has been the public’s #1 source for frontline reporting from roundups for 15 years. We began daily reporting even before BLM did as we fought in the courts to gain access to assess operations and an enforceable welfare policy. Although early court battles brought improvement, since the “Path Forward” (a corporate lobby agreement to increase removals and other population growth suppression) things have gone backwards. That progress was a heck of a lot of work back in the days before Instagram. Having to refight battles we already won now because it is not a corporate lobby group priority is insane.

By their actions, BLM has seemed to demonstrate they feel they have insulation from scrutiny if they kept big corporate happy. Both access and handling have slid backwards. We are back in the courts addressing both access and handling. Sometimes I think it is probable that continued abuse and issues with onsite access help forward their stated purposes on that lobbyist document to increase the use of population growth suppression as the public becomes increasingly desperate for the “pain to stop.” They don’t have to fix any flaw in the machine, just repackage it and an inconsolable public will feel some relief? What you are seeing is how misguided actions translate on the ground.

During week 1 at East Pershing, there has been relentless pursuit of solo horses, overcrowding of both trap and holding pens, tarps used to push and intentionally scare horses, and repeated (and admitted) use of hotshots (electric prods) to speed up loading. That is just what we can see at this operation where we cannot see much.

BLM’s Comprehensive Animal Welfare Program (CAWP) team is coming (or has arrived) to East Pershing. The BLM team is not coming as enforcement, they are coming to find a way to craft a document to excuse, support and endorse activities onsite. If this ends up in a courtroom, they want something to show the judge and media. That is basically what the function of BLM’s CAWP team has become. They can find a dozen (or more) infractions of what BLM calls a welfare policy and still give the operation a grade of “excellent.” It feels CAWP is almost like that Kindergarten teacher that wants everyone to get a blue ribbon for participation and absolutely nothing like a team sent out to enforce anything.

In court this summer, a BLM employee in charge of a roundup (and also on BLMs CAWP team) made an absurd claim that they would have to violate all points of the internal standard to be seen as “noncompliant.” He also stated that a “wounded pride” of being found in noncompliance is consequence enough and that no other accountability is needed or required. (That case is in active briefing in the courts now and is very much alive.)

After relentless litigation (40 years after the 1971 law required humane management) and a concerted effort to keep abuse in the public eye as a specific problem, BLM created a trial welfare standard CAWP. CAWP was supposed to go through (public) review and revision and become final policy.

Instead, the current chief of the program simply typed the word “Permanent” to the beta version (the draft original). This is why we have had to go back to court. A policy is ONLY a policy after it goes through open and public review and revision (rulemaking). Only then is it actually enforceable and this “endorsement” game can finally end.

A day where BLM does not fly the chopper, but ships wild horses during a biting cold and snowy morning, might sound like “a day to skip.” But a day like that can tell you so very, very much. 

Our observer went out (and practiced her Salsa dancing to keep warm) as she was subjected to continued absurd access restrictions. (Please see earlier log)

Although the helicopter could not fly in the weather and cloud cover, BLM had to get some of the horses out of the overcrowded holding corrals so they could capture and squeeze in more horses. 211 wild horses spent the night in the corrals. The previous day BLM would not even allow our observer to take a single photo of the stocking capacity of the holding corrals.

On a wet and frigid morning of icy fog, you can hear the whooping and yelling of the crew rapidly loading the semi-trucks. These wet horses are loaded into the ice cold tin can (semi) and driven 85 miles an hour down a highway for a few hours and offloaded in a facility built on a flood plain. BLM has never, not once, allowed any public observation at that facility. We could not see handling at trap, handling at holding (could not get a clear view of anything) and now these horses are off-limits to view.

During similar circumstances at another roundup, respiratory illness ran rampant in the facility after shipping. Back then, after our early litigation, facility reports (and vet reports) were online and we could see the results of this kind of action even if we could not see the horses. Today, it can take years and a big battle through Freedom of Information Act requests (FOIA) to find out what happens after capture (we just received an answer to a 2020 FOIA last week and are still awaiting responses to ones we filed in 2019).

“Endorse not enforce” seems to also be the role of BLM Public Affairs today. They  should be the arm that ensures First Amendment Rights are not violated. Public Affairs should be the arm that ensures that media and reporting outlets (of which WHE is one) are allowed to assess and report back to the public on government actions. By definition, a government public affairs person, paid by taxpayer dollars, is literally defined as “the voice of the government.”

The only allowable restrictions are National Security and true life and limb safety (such as journalists face when reporting on firefighting). At roundups, BLM public affairs seems to simply make things up to make documentation as hard as possible and create insane rules and claims (on the spot) where it appears that a human being present in an area is not a safety issue… it is the presence of a camera. Are roundups a National Security issue? It sure feels like they see it that way with overly-broad and intensive restrictions. You can read more from East Pershing on this subject HERE

There is no effort by BLM to provide transparency of their actions. In fact, onsite you can feel like all they are trying to do is “mess with your head, get you frustrated,” in hopes that you leave or do something where they can claim they have a right to kick you out. Heck, BLM onsite can give you conflicting restrictions, or they change restrictions so often you can go to a roundup one week and the very next, follow exactly what you were told before and be, literally, yelled at and risk being kicked out. And if I write a piece like this or we question the game? we will be accused of showing a “lack of respect” to BLM while they treat us this way (not kidding). Many public employees act like you are an unwelcome guest at a private party and not out on public lands exercising Constitutional Rights.

Transparency involves access by independent media and the public. Transparency involves access to information and to horses and burros.

It almost seems like BLM is forwarding another misleading narrative, narrowing the scope of transparency to help push “cameras on a chopper” where BLM (or a paid contractor) controls data and getting rid of onsite access. We can see a thousand issues (too many to list) with this strategy where you will never know what BLM does not want you to.

However, BLM still does not even have a drone use policy yet for survey work for the Wild Horse and Burro Program. Can you imagine how long it would take them to figure out how to use cameras, store files, review files and release info? Live feed? BLM can’t update a website smoothly.

We will do an article on “BLM controlled cameras” in the future.If you want cameras on equipment and choppers, that’s fine, but there will be more issues than you know. It also must not happen at the cost of onsite observation being omitted. You cannot learn more than you can onsite, period. I will never give up the access we fought for. It is another outrage for me, personally. BLM offered me access to trap over ten years ago but I had to leave other orgs behind if I went. Instead, I fought for all. Today, there are days I almost wish I took BLM up on the offer and had exclusive access. But that would have been wrong; I do not regret the time spent and the amazing court rulings held as a pillar of First Amendment caselaw for everything from newspapers defending their reporting to Judges citing the case in rulings to protect press coverage of riots. The only time it seems to be ignored is under the circumstances where it was fought, the BLM Wild Horse and Burro Program.

We need access to assess condition during capture. We need access to assess handling during sorting and loading. We need access to facilities.

As I sat and edited the footage from our observer, I was struck with how much I see in footage where the public cannot see a graphic “smash into a panel, hotshot or helicopter.” 

Our observer was standing alone “1000 ft” where BLM now claims is the safe distance from a grounded helicopter, nearly 3 times the distance of a football field, in the snow, in an area the BLM claims is the only safe spot an advocate with a camera can stand. What our observer onsite documented is a powerful statement about todays BLM. The distance used to be 30 ft. That is how close I was… after the first court fights and back before Instagram. Back before there were digital zoom lenses.

There is no difference between how BLM does roundups in 2013 and 2023. The only difference since 2013 when I sat 30-50 ft. away from holding is the length of todays lenses. Nothing has changed as far as actual safety issues are concerned.

Can we not agree that an enforceable welfare policy is needed? If not, what does that say about both BLM and the priorities of Congress?

Can we not agree that a federal agency should not be ignoring basic Constitutional Rights of access? BLM should not be allowed to treat the First Amendment like a bother or a game.

It is very clear. The hard work we are doing in the courts today on these issues is desperately needed. This work is a basic necessity.

Thank you for bearing with me. I needed to get this piece out of my system.

Gratitude to our team that is enduring the weather and the games. The work you are doing matters.

Thank you to our our readers who keep us in this fight. You can make a call to your reps to help us gain that enforceable welfare standard.

Please take a moment to make a call to your lawmakers in Congress: 

(202) 224-3121 for the U.S. House switchboard operator. A U.S. Capitol Switchboard operator can also connect you directly with the Senate office. (202) 224-3121.

This means you have to make 2 calls (or more if you have more than one Senator). Call the number and ask for your House Rep and then call and ask for your Senator. If you do not know who your House or Senate Rep is, the operator should be able to help you. OR you can click HERE to find your reps by just putting in your zip code. 

The script is simple:

I would like you to propose an amendment to add a budget line item solely devoted to make the BLM wild horse and burro welfare policy (currently referenced as “CAWP”) into an enforceable rule. The internal program is not creating an environment where wild horses and burros are treated according to safe, sane and current animal husbandry practices to ensure steps are taken to prevent injury and death.

BLM never opened a humane handling policy to public participation and revision through rulemaking. 

Please, add a budget item to ensure the safety of wild horses and burros. This amendment should not be controversial. We should all be able to agree there must be an enforceable welfare policy.

Thank you. 

You can say the first paragraph, all of it, or use your own words.

Thank you for keep us on the frontline in the fight to protect and preserve our wild ones.