We wanted to update you on Devil’s Garden. We had to get this update out as fast as possible due to internet rumors spreading claiming this case lost because adoptions are proceeding. Always remember to check the accuracy of statements you read on social media.
We have two rounds left in the lawsuit:
- The Administrative Records phase (disclosure of documents)
- Summary Judgement (final arguments)
The court is still stating that we have a high likelihood of success on the merits of the case. During the Hearing yesterday he stated that a Permanent Injunction against the 2013 plan and the 2025 plan is a highly likely outcome of the case. This would mean there would be no operative gather plan at the Garden and they would need to do the analysis they have failed to do before doing any more fertility control (GonaCon/PZP) or any more removals (bait, helicopter) in the future. This would include things like determining a new AML (number allowed on range) after fully analyzing the “middle section,” the aging population, predation, wildfire impacts, etc.
The census flights were completed.
Currently there are 332 wild horses in the Wild Horse Territory (WHT). This is within AML (currently allowed numbers).
We did ask the court to preserve the herd until the final ruling. If both plans (the 2013 and 2025 Environmental Assessments) are ruled to be void, this last roundup was technically illegal and we wanted the horses returned home. However, the census flight numbers show the herd is within AML and it appears that is the bottom line for the court at this time regarding “harms.” Harms is one of the 4 metrics that must be met to get a preliminary Injunction (“preliminary” meaning prior to the final ruling).
The court has approved adoptions of captives to begin. This will include the special needs horses like the mare with limited vision and her “seeing eye foal” that will be going to @SkydogSanctuary. This will give this horse a chance to be moved and have opportunity to acclimate to new surroundings before the heavy winter weather sets in. If you have ever been to the Double Devil corral, you know that the drainage system is non-existent and there is actually mountain lion predation in the corral itself particularly in winter.
This is (most likely) the last roundup at Devil’s Garden for a really long time. So if you want a Devil’s Garden mustang, you should get one. (Yes, we encourage adoption. Each and every captive is at risk in holding of injury and illness. Each and every captive is at risk of landing in the slaughter pipeline. Each adoption gives a horse a chance to land safe.)
There is much more to talk about from what we have learned by looking at the inventory of captives and what was found during the census. Only 3 foals were seen during the inventory flight inside the Garden (according to documents filed with the court). Moving forward, this information is really important as USFS has failed to actually analyze impacts of using things like GonaCon (long term infertility drug that lasts 4-10 years; often longer than the natural lifespan of the mare they give it to), predation on foals, the impacts of helicopter drive trapping. This information will be important as we continue to fight for the future of this herd. (The shutdown complicated this case and created an unforeseeable delay in both arguments and census. Without the shutdown outcomes may have been different and we will never know.)
The lawsuit is still on track for a win for this herd. A win that can help ensure there is a Devil’s Garden herd in the future.
Thank you for standing with us.
WHE stands independent—without corporate sponsorships or federal funding, beholden only to the wild ones who depend on us. Together, we can protect their freedom, their families, and their future.
Gratitude,
from all of us at WildHorseEducation.org
Categories: Wild Horse Education
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