Callaghan Roundup Temporary Holding December 2010, Sun J contractor. Standing water as temperatures dipped below freezing overnight and excessive debris in pens.

ANOTHER WIN AGAINST BLM CONDUCT AT ROUNDUPS

Pilot Conduct Triple B

Injunction to Pilot Conduct Ordered against BLM

On June 22, 2012 the Honorable Judge Howard J. McKibben issued an Injunction to pilot conduct in the Triple B Complex case that was amended following a decision in the Ninth Circuit on another matter by the same Plaintiff and attorney that changed underlying case law.

In August of 2011 Plaintiff Laura Leigh, founder of Wild Horse Education, gained a Temporary Restraining Order (TRO) that shut down the Bureau of Land Management’ (BLM) Triple B roundup in Eastern Nevada. The TRO was granted directly related to the pilot flying “dangerously or unreasonably close” to wild horses during roundup operations. Specifically Leigh’s camera caught a pilot apparently striking and exhausted animal. During the hearing the Judge referenced the agencies attempt at justification a:  “blame the horse affront.”

Following a victory in the Ninth Circuit on Freedom of the Press issues involving wild horses Leigh amended the Complaint to address the new case law.

The new ruling makes the parameters of the TRO permanent through the life of the Environmental Assessment, or 2013.

“Rulings like these help to validate the marathon of documentation and creating a chain of information,” said Leigh, “This has been a grueling process lasting years. It is extremely encouraging to see that the ‘faces of the voiceless’ are being heard.”

The originally ruling and pending Amended Complaint were instrumental in spurring the BLM’s investigation that lead to the Triple B review that admitted much of the alleged conduct had occurred. That document promised a policy on the ground to address the issues of humane care. To date no policy has been issued by the agency.

The legal action and documentation can be supported through contributions to Wild Horse Educationhttp://wildhorseeducation.org

While attending the Triple B roundup in Ely/Elko Nevada Laura Leigh became overwhelmed with the inappropriate conduct at the ongoing operation. Lack of water, hotshot use, brutal handling, to actually witnessing a helicopter come in contact with an exhausted animal was all documented.

Leigh had been attempting to address these issue through reports, meetings, complaints, etc at prior operations to no avail.

So she filed suit against the conduct and won a Temporary Restraining Order (TRO) that in no uncertain terms reflected not only public outrage with the conduct but the displeasure of a US Federal Judge.

After the TRO, BLM admitted to the conduct and claimed to (vaguely) be crafting some type of (un)official policy that had no broad implementation or consequence for violation.

Leigh took that action forward and amended her Complaint and showed conduct was continuing.

At the next hearing the Judge recognized Leigh’s right to address the issue in Court and the validity of her documentation yet ruled that he could not act as BLM had not put the specific area back on the roundup schedule for tat year. He said Leigh would have to present evidence roundup by roundup.

In a victory Leigh had in another matter the Ninth Circuit recognized that roundups are an inevitability and that conduct, if not addressed, was an appropriate claim.

Leigh asked the Courts permission to bring this Humane Care case forward based on the Ninth decision and it was granted.

Her motion moves forward. Here is the latest brief by Leigh as BLM again tries NOT to discuss the issue, but find a pathway to get the suit out of Court. (Doc39)ReplyReMotReconsid