Our team members remain onsite at the Devil’s Garden roundup. Our observer was the only member of the public onsite to continue to gain documentation that shows that the roundup is literally squeezing wild horses out of the territory and this is not “overpopulated.”
Last week we filed our final Motion before a hearing this week to try to stop this roundup and get the horses returned. This could truly be the last stand to have a Devil’s Garden herd of wild horses.
Out of 28 days of removals, only 6 days saw over 10 wild horses captured. This stands in stark contrast to prior removals in this area. They are squeezing out everything.
This roundup was announced with less than two weeks notice citing “The 2024 population census resulted in an estimate of more than 700 wild horses on and around the territory.” The notice failed to mention that 409 wild horses were removed after the census was done in fall of 2024/winter 2025.
They stated: “The USDA Forest Service plans to begin gathering 350 wild horses from the Devil’s Garden Plateau Wild Horse Territory on September 2, 2025.” They began removals on August 27, just twelve days after the announcement.
USFS stated: “The gather will continue movement toward the appropriate number of wild horses prescribed in the 2013 Devil’s Garden Plateau Wild Horse Territory Management Plan.” The 2013 plan was already shot back by the courts years ago.
In our litigation today, the court has already stated that we have a likelihood of proving that there was no authority established under NEPA to do this roundup.
But USFS refused to voluntarily cease and continued to use taxpayer funding. This entire operation is suspect and appears to be based in a Settlement agreement (not court sanctioned) with livestock. The court has already found that this agreement is not a document requiring any sort of legal compliance. But even after that fact was noted by the court, USFS has tried to slide in a new document that clearly treats that agreement as legally binding and as a NEPA analysis document.
Continuing to try to push a narrative that the area is overpopulated, USFS has never disclosed any data to prove such an assertion and, in fact, has changed their story about how many wild horses are out there numerous times.
From our last filing:
Second, the number of horses estimated to exist currently in the WHT is a moving target. In the decision for the current roundup states “[t]he 2024 population census resulted in an estimate of more than 700 wild horses on and around the territory.” See ECF 4-1 at Exh. H (emphasis added). And, Madeline Levy stated in her August 28, 2025 declaration that the most recent ground survey, which she identified as an “unofficial survey,” documented 483 horses. ECF 10-1 at ¶17; ECF 14-2 at ¶19. In an attempt to clarify its population estimates, Madline Levy’s second declaration contains new mathematical calculations related to the 2024 aerial survey and 2025 ground count. See ECF 14-2 at ¶¶14-15. Applying a 15% annual growth rate, Ms. Levy states the current population is estimated to be 485 wild horses. See id. at ¶15. Attorneys for Defendants, on the other hand, represent that the current population actually is 500 – 600. See Lovko Decl. at Exh. B.
Our team member asked when USFS would break down this trap and move to another. In contradiction to the daily counts, the response was, “This is where all the horses are.”
As a reminder: 3 wild horses were captured in an entire day of flying.
Our team remains onsite. We are the only ones to remain undeterred by attempts to discourage viewers instead of allowing real observation. The First Amendment violations are also part of our litigation.
It is worth noting that USFS has removed the “GonaCon experiment” pen from the pen list at the corral. In late 2023 or early 2024, USFS began giving the female hormonal vaccine GonaCon to stallions without doing any NEPA or disclosure document for public input. The label on GonaCon states that it is a known sterilant and it is a federal offense to give the drug to stallions.
Our team remains onsite.
We need your support to continue the fight at Devil’s Garden and to make a stand for all of our herds that are being pushed toward disappearing forever.
All of our work is only possible because of your support.
Thank you for keeping WHE running for our wild ones!
Categories: Wild Horse Education
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