Still free

A second groundbreaking federal court ruling has been won this year by Wild Horse Education and Rewilding America Now. These rulings clearly show that BLM ha been ignoring mandated management planning in favor of simply limiting the public to participating in (and witnessing) relentless removal plans. A removal plan is NOT a management plan. (Ruling earlier this year at Pancake was the first ruling in a courtroom to recognize this fact as well as knock down the round plan for failures in analysis HERE)

Blue Wing

This (new win) suit was filed in 2022 and was completing active briefing just as BLM raced to get Blue Wing back on the removal schedule in 2024.

Although we wish this ruling had come sooner, without an actual management plan there is no hope that a Blue Wing Complex will even exist for future generations. Today, there is hope that the wild horses, and extremely unique burros, will someday be managed fairly and in numbers that can keep the herd healthy for future generations.

When this new ruling is added to the one earlier this year for the Pancake Complex, is sufficient to create clear precedent that applies to every single HMA where BLM never crafted an HMAP. A “gather plan” is simply not the mandated herd area management plan codified into law.

BLM must start placing a priority on crafting management plans that allow public participation and new data and science to be analyzed. BLM must disclose how they set AML and forage allocations and allow public participation in that process. BLM must allow public participation in actual management, not simply removals.

BLM has ignored this fundamental planning process for 40 years.

In addition, First Amendment issues concerning access (with a focus on off-limits holding and facilities) have been ordered into mediation. We will keep you updated. 

Still free

IMMEDIATE RELEASE

Wild Horses And Burros Win In Court, Again

(RENO: September 24, 2024) Today, an Order was issued by the Honorable Miranda Du in Reno Federal District Court that the Bureau of Land Management (BLM) has unlawfully and unreasonable delayed creating Herd Management Area Plans (HMAP) for the Blue Wing Complex north of Lovelock, Nevada. The lawsuit was filed by Rewilding America Now and Wild Horse Education.

The Order reads: “BLM has taken more than a reasonable amount of time to prepare HMAPs for the HMAs. Each of the five HMAs at issue predates the regulation compelling BLM to prepare HMAPs, meaning BLM’s duty to prepare HMAPs for these HMAs arose when BLM promulgated the regulation 38 years ago in 1986. Leaving little question that  BLM’s delay in preparing HMAPs for the Kamma Mountains, Seven Troughs Range,  Lava Beds, Blue Wing Mountains, and Shawave HMAs has been unreasonable.”

“This Order is truly exciting. In two cases in a row we have now clearly demonstrated that BLM has unlawfully withheld creating actual management plans for wild horses and burros. The Herd Management Area Plan (HMAP) is where BLM is supposed to transparently state how management numbers and forage allocation is set. It is also the place where everything related to actual management should be addressed: range improvements, foaling season, critical habitat needs, analysis of alternatives like rewilding,” stated Manda Kalimian, Founder of Rewilding America Now (formerly CANA).

“The public is supposed to be able to participate in more than just commenting on removals. After 38 years, that day is finally here at Blue Wing,” stated Laura Leigh, President of Wild Horse Education. “With accelerated removal plans continually based on archaic good ‘ol boy agreements from the 1980s, protecting our herds for future generations is impossible. With an HMAP the possibility now, finally, exists.”

The court also addressed allegations of First Amendment violations citing an earlier case by one of the Plaintiffs, “The public has a qualified right of access to view wild horse gather operations, like the 2022 gather. (ECF No. 60 at 56.) See Leigh v. Salazar, 954 F. Supp. 2d 1090, 1101 (D. Nev. 2013).

“Not only was access unreasonably restricted at trap, access to view captive animals in temporary corrals and in holding facilities was non-existent in 2022.” Leigh continued, “In 2024, I even made a long drive to Axtell in Utah just to see newly captive burros from the next roundup. However, the tour of the closed facility only let the public see horses and kept burros completely off limits. In addition, no access has been given to see captive horses or burros at BLMs facility on Indian Lakes Road at all. Our FOIA requests have shown that the death rate of burros from the 2024 roundup rose to 13.8% in just six-weeks. BLM keeps trying to sweep the damage they do out of sight and it is simply an outrage.”

The Order reads: This Court disagrees with BLM’s sweeping contention that “there is no qualified right of access” to holding corrals that would otherwise be available for public viewing simply because BLM contracted with a private company to run the facilities, rather than establishing and managing the corrals itself.

See Salazar II, 954 F. Supp. 2d at 1101 (discussing benefits of public access to gathers). Without public access, it is difficult for the press and concerned observers to report on the government’s activities and the health and wellbeing of gathered animals. See id.

The parties in this case have been ordered into mediation on First Amendment issues.

Rewilding America Now and Wild Horse Education would like to thank their attorneys at Greenfire Law and Brent Resh Law for continuing to steadfastly defending our wild horses and burros.

The Blue Wing Complex encompasses five Herd Management Areas (HMAs), four Herd Areas (HAs), and non-HMA areas where wild horses and burros (WH&Bs) migrate back and forth. The HMAs consist of: Kamma Mountains, Seven Troughs Range, Lava Beds, Blue Wing Mountains, and Shawave. Antelope Range, Selenite Range, Trinity Range, and Truckee Range (not managed or “zeroed out” primarily due to checkerboard and other industry conflicts). The Blue Wing Complex is located in western Pershing County, approximately 65 miles northeast of Reno, Nevada.

Blue Wing encompasses 2,283,300 acres. BLM says the 2 million acre area can sustain a range of 333-553 wild horses and 55-90 wild burros.

BLM set AML without ever providing a data-based breakdown in how they set those numbers. An HMAP must disclose that information and address AML.

Now, after the court order, BLM will have to disclose this information and allow public participation in management planning. (Note: BLM began a barebones scoping for a Blue Wing HMAP as this case moved into 2024. BLM did not disclose any real data and we are prepared to continue the fight until Blue Wing, and all of our herds, receive fair treatment and a data-based management plan.)

WildHorseEducation.org

RewildingAmericaNow.org

With each win we are creating a path to achieve long overdue and long lasting reform of the BLM Wild Horse and Burro program.

BLM has consistently shirked their responsibility to manage and simply removes wild horses and burros to suit private profit interests.

That statement is not rhetoric. A deep look at two other lawsuits active right now can give you a glimpse into how the paperwork proves that statement. Learn more here.

Our team is working hard in the field, investigating, outreach to Congress and in the courts. 

 Thank you for keeping WHE running for the wild. 

There are several ways you can support WHE from gift shopping to stock donations. Learn more HERE.

Through October 3rd, you can also purchase a shirt to show your support. 100% of proceeds and donations go to support our work and will be counted in the match. Click HERE for shirts.