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The United States Forest Service (USFS) announced a roundup with less than 2 weeks notice in September. Instead of finalizing the new plan (they knew would face opposition), they used the old 2013 plan. This created a situation where we had to move very fast filing a lawsuit.

Long and short, USFS said they would preserve the herd in holding and not prep for adoption, not adopt out or sell, not give any fertility control, until a new census was done allowing for judicial review. The court felt they did not have to write any formal order due to these assurances.

As advocates we can say: In true form, the government shutdown gave them cover to violate those assurances and claim “oops.” Claiming they had no personnel to do the census during the shutdown they found employees to begin gelding. During the ongoing casework they continued to represent that the agreement was being upheld … until they didn’t.

So we have renewed our Motion for a Temporary Restraining Order/Preliminary Injunction. Those Motions are now fully briefed and we are awaiting an order from the court (or a new hearing). (You can see the press release and read the renewed Motion HERE)

It is important to state that since the first hearing, the court has repeatedly stated that we have a high likelihood on the success of the Merits of the case. That means that we have a high certainty of proving this operation was illegal and measures would need to be taken to “make it right.”

While we wait….

We have uncovered some additional disturbing information that validates some of our claims in the initial lawsuit: there is a severe lack of actual analysis of data. The agenda (more than) appears to have this herd “age out” and eventually die-off.

Not only did USFS order GonaCon (a long lasting infertility drug with an efficacy of 4-10 with a two-dose regime) without ever establishing the authority to use it in the first place, they began experiments giving GonaCon to studs from a previous roundup (an off-label use expressly forbidden as it causes permanent infertility… chemical castration).

During proceedings on this case USFS had to produce an inventory with detailed information. In usual form, most of the details were omitted and we have had to ask the court to intervene there as well.

But the info we did receive (when actually analyzed) yielded proof that the population is “aging” and that any use of GonaCon on older mares will simply complete the path to destruction (agreements were made between USFS and permittees).

A total of 12 horses died during the roundup. We do not know how many have died since. Most of the deaths were from broken bones the USFS is calling “pre-existing.” A total of 5 of the deaths were from “broken knees,” 1 a broken pastern, 2 broke necks hitting gates, a head injury from being kicked, a broken pastern.

The minimal data provided also shows the herd is heavily skewed in age. Of adults over 1-year old, only 29.3% of the herd is under 10. 70% of the herd is between 10-20 years old, with less than a handful over 20. (pdf at the bottom of page showing data points used)

Another really interesting data-point: In the 1-year and under category, only 25% of the foals are male, 75% are female. This indicates the natural ratio of makes to females is 1 to 4. If this is not the natural ratio it indicates that nature is trying to make up for some population growth deficit.  (Most herds naturally fall into a 60% female, 40% male range). 

None of this type of basic data is analyzed in the new plan USFS finalized as the roundup was ending to try to justify the roundup and the use of GonaCon. Nor was any of this type of demographic data used in any plan. The cause of the age disparity and sex ratio in foals could be predation or simply the ill-conceived relentless roundups. The point is, none of it has been analyzed by USFS in any plan. 

If USFS intent was to simply release old mares with GonaCon onboard where the likelihood that the drug would not wear off in their natural lifetime rendering them infertile the intent is clear; this herd will die out.

This lawsuit is really important to make sure that we have a Devil’s Garden herd into the future. 

The precedents this case could set could have implications far and wide as “expanding fertility control” for federal agencies does not mean “management,” it means rendering the herd incapable of survival so no more roundups need to be done. This is not management.

Our lawsuit began against the old plan and has been amended to include the attempt to replace it, without appropriate data or review, with a new one. Both plans are included in this case,

As we wait for the court to determine the next step, we galvanize ourselves to take this as far as we need to go to protect our vulnerable wild ones in holding and see them returned to the range.

Onward.

All of our work is only possible because of your support. Thank you for keeping us in the fight to protect and preserve our wild horses and burros.