Above: The amazing paint stallion breaks through the jute (behind a tree) as his family is driven into the trap. He looks back several times and then disappears over the rise. We could see all horses captured at this trap and can confidently say, he is one of the stallions still free in Swasey.
Commentary: Laura Leigh
As July kicked off the end of the fiscal 2024 roundup schedule, we are grateful Blue Wing in NV has come to the forefront in the mind of advocacy. In certain districts in NV abuse and a sheer lack of any transparency has been rampant and building in steam since 2017. After the “Path Forward” corporate boondoggle and changes in state leadership and the loss of State Director Amy Lueders, NV went back in time in practices and brutality, fast. Lueders and I did not agree on everything, but she actually tried to listen. (I will write more on that subject soon)
One of the elements required to demonstrate “something is really bad” is to show how it changed historically and how it contrasts to other events occuring today.
Let’s chat about Swasey.
I might not agree as to why the roundup happened, how it happened, or when it was scheduled (foaling season).
However, I can say I had access to assess and report fully on the operation at Swasey in Utah.
I attended the entire operation, not one or two days. The majority of restrictions to access, not all, were “narrowly tailored” to serve a “reasonable purpose.” As a member of the public, a journalist, an advocate, I might want more access, but I could understand the existing restrictions as a “reasonable person.”
I had access; a rare statement when speaking of BLM operations today.
Out of three traps used at Swasey 2024, the one above was the only one where I did not have the ability to assess loading. (We were told due to an outburst by an observer last year, we were moved further away this year even though that individual was not in attendance. This was the restriction I took issue with. We should not be punished for the bad behavior of an observer. That person should simply be removed. I, personally, suggested that during Ninth Circuit settlement talks that led to the policy of today.)
In addition to access to view trapping and temporary corrals, the off-limits to the public facility the wild horses had been shipped to (Axtel in Utah) will be opened for a public tour within two weeks of the end of the operation.
This roundup was transparently executed.
Transparency is not about agreeing or disagreeing on a subject. Transparency is about access to the information and events to report to the public so one can formulate independent views in order to (hopefully) intelligently debate an issue.
Open government has been a hallmark of our democracy since our nation’s founding. As James Madison wrote in 1822, “a popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.” Writings Of James Madison 103 (G. Hunt ed. 1910). Indeed, this transparency has made possible the vital work of Ida Tarbell, Rachel Carson, I.F. Stone, and the countless other investigative journalists who have strengthened our government by exposing its flaws. Leigh v. Salazar, 677 F.3d 892, 897 (9th Cir. 2012)
For nearly seventeen years I have taken the responsibility of reporting to the public on wild horse and burro capture very seriously. I founded an organization to continue to report on wild horses and burros in the US, analyze issues and then take steps to advocate for a better outcome for wild horses and burros under federal jurisdiction.
By reporting about the government, the media are “surrogates for the public.” Richmond Newspapers,448 U.S. at 573, 100 S.Ct. 2814 (Burger, C.J., announcing judgment); see also Cox Broad. Corp. v. Cohn,420 U.S. 469, 490–91, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975) (“[I]n a society in which each individual has but limited time and resources with which to observe at first hand the operations of his government, he relies necessarily upon the press to bring to him in convenient form the facts of those operations.”). Leigh v. Salazar, 677 F.3d 892, 900 (9th Cir. 2012)
I spent years in the courts to gain the daily access we have today to view roundups. After winning in the Ninth Circuit in 2012 (after years in the lower court), there were several years where access to view, everywhere, was much like the access I just had at Swasey. We had to go back to the Ninth Circuit a second time after the lower court in NV (Judge Hicks), once again, failed to allow full briefing and simply deferred (a second time) to federal defendants (BLM). The resulting settlement was the access policy BLM adopted in 2015 and the opening of closed facilities to tours. (Note: There was not a second ruling in the Ninth, but an agreement. We see those wanting the first ruling to weaken claim the case “lost,” citing Judge Hicks second ruling and not the fact that, after Hicks ruled the second time, we went back to the Ninth Circuit. The Ninth Circuit ordered mediation and the parties settled. When BLM settles with livestock permittees, heck, they put it in an EA or amend an entire land use plan to suit that agreement. When it is an advocate? They do everything they can to minimize what they, themselves, agreed to.)
When wrongdoing is underway, officials have great incentive to blindfold the watchful eyes of the Fourth Estate. See Timothy B. Dyk, Newsgathering, Press Access, and the First Amendment, 44 Stan. L. Rev.. 927, 949 (1992) (“[W]hen the government announces it is excluding the press for reasons such as administrative convenience, preservation of evidence, or protection of reporters’ safety, its real motive may be to prevent the gathering of information about government abuses or incompetence.”). Leigh v. Salazar, 677 F.3d 892, 900 (9th Cir. 2012)
Personally, I find the fact that the case we won to access wild horse and burro roundups has been cited in cases defending venues like the NYTimes, New Yorker Magazine and other high profile publications really interesting and, frankly, amazing that we created such a powerful ruling. That case was even used to enjoin (stop) the FBI from prohibiting journalists from covering riots in Portland.
The only place it was run over, instead of gaining strength, was in the Wild Horse and Burro Program, the very place it was fought, under the politics that pushed “Path Forward” to fruition. In 2024 we are now experiencing the last leg of the Path Forward that was first incorporated in 2018 into the BLM report to Congress under another name and fully funded the following year going into high gear in 2020. The only policy of the last administration not revamped by the new administration. I will write an article soon on the “Path of Destruction” wrought by this political boondoggle that led to numerous broken promises and the largest roundups since the 1971 Act was passed and the application of long lasting fertility control (GonaCon) that now threatens the survival of nearly all of the large herds in the West.
If a government agency restricts public access, the media’s only recourse is the court system. The free press is the guardian of the public interest, and the independent judiciary is the guardian of the free press. Leigh v. Salazar, 677 F.3d 892, 900 (9th Cir. 2012)
In other words… the above is really simply a statement presenting my experience as I speak on this critically important issue. I’m creating a statement grounded in a level of experience and expertise and not being inflammatory or conciliatory for any agenda other than “transparency” (after a couple days at a couple of roundups).
Below: Because I could see the entire operation I can assess this event as the worst “call” of BLM in charge that day (and throughout the entire operation). BLM personnel in charge that day were asserting that “foals that get left behind join up during the next run.” They don’t. They simply do not. We do not know where that assertion came from, but it is simply not true unless family members (mom, dad) are in the next run.
If a baby falls off and the band is driven in, everything needs to stop until the baby is found. Three runs came in before anyone looked for the baby… and the pilot apparently could not even convey the color of the foal or direction the baby went. Observers could both “assess the situation for themselves” (as is guaranteed by the Constitution) and assist in identification for recovery.
The baby was “lost” for about 2 hours. It was found, alone, apparently hiding in a drainage ditch.
Instead of hiding everything (when BLM knew they were having trouble finding the baby) communication was opened not closed with observers. After about an hour and a half, BLM was contemplating taking observers up on their offer to get in their own vehicles and head out to help search. As BLM was determining the route for additional search, the baby was, thankfully, located.
Note: We do know the BLM CAWP team was onsite at this operation (I have no idea why they were not at Blue Wing in NV and sent the head of the team an email begging them to go to NV, and stay there, before that roundup began because, before an operation begins, anyone that tracks roundups knows which ones will be bad before they even start).
We hope BLMs CAWP team will send an emergency memo to every single district stating “If a baby drops off, STOP.”
Instead of hiding the baby, observers were allowed to leave ahead of the trailer carrying the baby to temporary holding.
Below: At temporary holding we were able to observe condition on arrival, the baby being given water and a syringe of electrolytes before being offloaded (stunned, sore and shaky) and moved into the pen where its mom was.
Do you like any of what you saw? Do you think things should change? Do you want roundups to stop completely? Never happen again in July? Do you think this was a bad situation handled well? Or was it handled poorly? Do you think everything was fine, awful or somewhere in between?
What all of you can do, no matter your viewpoint, is make an informed opinion based on what you see… because you could see it. Debate “right and wrong?” In this instance you can actually debate, if you want to debate, based on the facts because you are informed and can see with your own eyes.
That is transparency. Transparency is not about agreeing or disagreeing on a subject. Transparency is about access to the information and events to report to the public so they can formulate independent views in order to (hopefully) intelligently debate an issue.
We can all craft a recommendation, informed. If BLM ever takes the last step to make CAWP enforceable: it needs to go out for public comment, response and formalization as rules… you can make an informed recommendation based on a real world example.
No tarps or obstructions … we were close enough to identify markings on individual horses with the naked eye… no deaths at trap. Tarps should only be used at the catch pen when needed if the trap is set up where panels cannot easily be seen (horses have poor depth perception). Before using a trap, BLM needs to evaluate trap based on how the horse sees the world, not how they see it. Most often we see tarps used in ways that increase risk of panic and impede safe handling. Click image for more
At Swasey in Utah? I may not have agreed with the operation. There were certainly more things than the one instance above I would change if (magically) I was in charge. But I certainly had reasonable access to report on the majority of events that took place. I could see drive, trapping, loading, some sorting at temporary holding, transport… and I was not rushed during a walk around assessment at temporary holding (and I did NOT take advantage of this and could self-police and move so not to disturb the captives). (1 death at Swasey. Fatality rate .50)
In contrast to Blue Wing in NV? We are litigating Blue Wing and find the removal not simply unjustified, scientifically unsound, but breaking any hope of genetic stability forever. On top of that, our observer barely had opportunity to assess anything but drive (from extreme distances) and, due to the absolute chaos and abuse witnessed, can only fathom at the treatment during loading and in a temporary facility she could never see… even once. (42 deaths at Blue Wing. Fatality rate 2.52)
The facility that took in the majority of wild horses and burros from Blue Wing is also off-limits to the public. The facility Broken Arrow on Indian Lakes Rd in Fallon, NV, has no plans to open for a tour, timely. BLM will wait until wounded die, illnesses run their course and many have already shipped out (they will clean the mess really good) before allowing anyone to see. (Please learn more and join us in demanding Broken Arrow be open, now. Click HERE).
If reasonable access to assess capture was provided by BLM to view Blue Wing, as it had at Swasey, would the outcome have been different?
Is public access another way to prevent unnecessary suffering? Would Blue Wing have been even worse if no one showed up?
I believe public oversight truly plays a vital role in protecting our wild ones. I have seen injuries after a trap, sorting or shipping where access was forbidden that I will never forget (blood dripping from faces, skin flaps, broken limbs). I know they are a lot more careful when my camera is present than when it is not from personal experience.
Public eyes and an enforceable welfare policy are the two vital ingredients to prevent unnecessary suffering and death in the wild horse and burro program from range, through capture and into the system of holding.
Does that change the debate on wild horse and burro management? No. That is a different fight in a different layer of law, data and oversight. WHE is reporting on, analyzing and working hard in that layer as well to create needed change. We are litigating in several active cases to address transparency, on range management, habitat loss and more. WHE also has additional litigation that directly addresses abuse. WHE is the only org to ever walk BLM into a courtroom directly over abuse.(More HERE)
To create needed change to practices that lead directly to unnecessary suffering and death, we need to address that issue directly.
As WHE battles it out in the courtroom, please make a call.
Please make a call. If you have made the call, make another. Our wild ones desperately need an enforceable welfare policy that is crafted with transparency, public participation and complies with current welfare standards for equines.
The phone number for Congress is: (202) 224-3121. You should put it in your speed dial. Call the number tell the operator who your representative is (or where you live if you do not know) and you will be connected to an aide in the office. Ask to register your concerns and request. Ask that an amendment to the funding bill for the BLM Wild Horse and Burro Program be crafted to simply create a line item for funding for “Rulemaking to create an enforceable welfare policy.”
You can visit our daily logs from summer 2024 roundups:
We won an amazing victory earlier this year where the courts recognize removal is NOT management. We have three additional cases in the system now. We need your help to keep our teams in field and expand our litigation.
Thank you for keeping WHE running for the wild.
Categories: Lead, Wild Horse Education
You must be logged in to post a comment.