Devil’s Garden

PRESS RELEASE

USFS Roundup at Devil’s Garden Gathers Lawsuit

Advocates Bonnie Kohleriter, Mary Koncel, Laura Leigh and Wild Horse Education (WHE) organization filed in Federal Court to halt the Unites States Forest Service (USFS) plan to do another roundup in the Devil’s Garden Plateau Wild Horse Territory (WHT). The Complaint was filed yesterday and Motion for a Temporary Restraining Order (TRO)/Preliminary Injunction (PI) was filed today.

The USFS is set to begin a roundup of 350 wild horses from the Devil’s Garden Plateau (WHT) in the Modoc National Forest in California. Releasing only a press release on August 15, including no new data or analysis, USFS stated the roundup that will include both bait-trapping and helicopter drive trapping will begin on September 2, 2025.

USFS cites a 2024 census “of more than 700 wild horses on and around the territory” as justification to move forward with the roundup, saying wild horses are over the Appropriate Management Level (AML) of 206 – 402 adult horses established in a 2013 gather plan.

In Spring of 2024, the USFS census specifically stated there were 723 wild horses inside and outside the 258,000-acre Devil’s Garden Plateau WHT. A roundup occurred after the census quoted in the USFS release in Fall 2024/Winter 2025 where 316 horses were left in the WHT (according to USFS numbers). USFS says reproductive rate for wild horses in the Garden is 15%. This would place the current population at around 363 wild horses.

“If they say they have gone from 316 back up to over 700, every single mare, and even every stallion, would have had to have given birth… and a few of them would have had to have twins,” stated Plaintiff Bonnie Kohleriter. “This is simply preposterous.”

USFS is basing the estimated population on a ground count, not a comparable aerial census as they have used in the past.

“Ground counts are not used anymore, by any agency, for determining numbers,” stated Wild Horse Education President, Laura Leigh. “Ground counts were used in the 70s and 80s. They are inaccurate and outdated. Aerial counting methods have been the standard for over a decade and many land management field offices are now turning to infrared for more accuracy. This is archaic and suspicious.”

Leigh continued, “USFS says they do not have the money to provide daily access to the roundup. If they claim funding is the reason to violate the First Amendment, who did a ground count that would have had to use dozens of people? Did the Modoc Farm Bureau, the preferred partner of USFS, provide the ground count? We do not even know who did this count as USFS predicates this removal on absolutely nothing but assertion and the public has seen no paperwork on this count. This is wrong, both morally and legally.”

The 2013 plan was partially vacated by the U.S. Court of Appeals in 2013. In 2022, USFS began the process of creating a new management plan. The process to create a new plan entered the last phase in late 2024. Instead of completing the new plan, USFS is trying to squeeze a roundup in under the 2013 plan. However, they have released no actual data or supplemental information to demonstrate the 12-year-old plan satisfies analysis requirements under the National Environmental Policy Act (NEPA).

“It’s obvious that the USFS is placating one and only one stakeholder – the Modoc Farm Bureau,” said advocate Mary Koncel, “Using basic math, if this removal takes place as few as 20 wild horses will be left in Devil’s Garden placing the herd at risk of inbreeding and predation. It will also be less likely for the herd to survive disease if they fall below the legally allowed number. This extremely expensive and inhumane roundup does not serve wild horses or the public interest.”

The 2025 contract to capture Devil’s Garden wild horses was awarded to CD Warner in the amount of $617,508. Overtime of staff during the roundup and costs of holding wild horses until a census is done in the spring to determine if they need to release horses back to the WHT because they removed too many, will bring the price tag of this operation close to $1 million dollars.

Plaintiff’s in this case state that USFS needs to finalize the new plan that has also cost tax-payer funding and then do an actual census before considering a roundup within the parameters of allowable numbers.

“This entire situation is simply non sequential, illogical, and irresponsible,” said Kohleriter.

Plaintiff’s in this case state that if this removal happens their ability to even find a horse in Devil’s Garden will be impaired for a long time to come.

Advocates have included a First Amendment claim to their lawsuit. They state there is absolutely no reason advocates cannot be provided some form of meaningful daily access.

Plaintiffs are represented by Greenfire Law, PC of Berkeley, California.

Devils Garden

Our team is working hard to mount a defense for as many herds as we can. Right now, we are making a stand against removals in 5 western states. We are also litigating against habitat loss and abuse, as well as reaching out to lawmakers. 

From field to courtroom, our team cannot continue this vital work without your support. Our supporters are a critical part of this effort.

We are eternally grateful.