Story by Steven Long – Editor/Publisher of Horseback Magazine
Decision Dooms Wild Horses
From the freedom of foraging to this - Photo by Elyse Gardner
HOUSTON, (Horseback) – A federal judge who spent part of his career working as a government lawyer today found in favor of a controversial Obama Administration agency. Judge Paul L. Friedman dashed the hopes of lovers of wild horses when he dismissed a lawsuit challenging the legality of housing thousands of Mustangs in huge holding pens in the American West.
The suit had hoped to stop the helicopter stampede, capture, and holding as many as 2,500 animals in Nevada’s Calico Mountains. After the capture, almost 100 horses have died outright and 50 mares have miscarried.
The suit was filed by In Defense of Animals, naturalist Craig Downer, and author Terri Farley.
The capture and deaths in the wake of a stampede by a roaring chopper sparked protests from San Francisco to London as activists voiced outrage at the alleged cruelty of the government action. They claim the federal Bureau of Land Management has been in blatant violation of the Free Roaming Wild Horse and Burro Act
In a preliminary ruling Friedman wrote that holding the horses in the pens is probably illegal.
The suite was filed pro bono by the Washington law firm Buchanan, Ingersoll & Rooney. Lead counsel William J. Spriggs said after Friedman’s ruling “The BLM’s practice of removing horses from the western range and warehousing them in Midwestern holding facilities is flat out illegal and the judge’s preliminary ruling was correct.”
Friedman, a former government lawyer dismissed the suit on standing and mootness of the lawsuit. It was brought against the BLM and the Department of Interior. He said the arguments presented by Spriggs were moot since the roundup had already taken place.
“We remain confident in the merits of our case and look forward to pursuing this legal issue in the near future,” Spriggs said.
In the wake of the stampede, two foals died after losing their hooves from being run for miles over rocky terrain to escape the roaring helicopter leased by the government from a Utah firm that has made millions from similar government contracts.
The roundup of 1,922 wild horses removed 80-90 percent of the Calico wild horse population. It ended February 4, 2010.
Activists blame cattle ranchers who control the BLM for removing the horses, animals many call a national treasure. In fact, the BLM has recently increased cattle grazing allotments in areas where wild horses are being removed.
Some cattle ranchers call wild horses a nuisance, calling them the “cockroaches of the west.”
More than half of America’s wild horses are now warehoused.
Ranchers lease BLM land at the rate of $1.35 per animal per month. Wild horse activists call that a national scandal.
Some geneticists claim there will be no wild horses left in the west in the wake the BLM roundups claiming the agency is leaving the herds genetically bankrupt.
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Categories: Horse News, Wild Horses/Mustangs
Straight from the Horse's Heart 
Yes it is a setback but we need to keep fighting this injustice.
Their lives are in our hands!
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Agreed. We-Will-Never-Stop! As we have been doing all along, we recharge, restrategize…
Restore JUSTICE!
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This judge needs to be over a moot court, maybe at Harvard, LOL. It sure took him long enough to figure out a way to dismiss the suit. In the back of my mind I knew there was very little chance of a favorable decision. So the Obama administration “wins” again, but for how long? To say he has completely lost his public appeal is to put it mildly. We WILL keep up the fight! Many thanks to IDA and the pro bono team!
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See, Friends of the Earth v. Laidlaw Environmental Services (TOC), Inc. No. 98-822 1/12/2000
Standing is seemingly synonymous with mootness, however the Supreme Court decided that; A case only becomes moot if subsequent events make it absolutely clear the allegedly wrongful behavior could not reasonably expect to recur. Justice Scalia’s writings state. “When a claim is brought by ab individual who is the very object of a law’s requirement or prohibition then the plaintiffs will always have standing.
Seems we need two things to proceed a plaintiff effected by the capture and holding of our wild mustangs and a violation of some statute. Then we can see a remedy, but we must seek it for ALL round ups. Seems some organization members who are harmed by all roundups must be found. The mustangs are not considered as worthy as a corporation to participate, nor can the will of the American people, or Congress be submitted for a damaged party. Corporations have won the day in Federal littigation, yet there are ways to prevail.
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I can’t imagine how this case will be won by finding plaintiffs that have been damaged by the round ups. I think a suit will need to be brought under different grounds. How about violation of federal law? That seems logical to me. And if the judge ruled before that the holding pens were probably illegal, why was this not pursued? Why the focus of sanctuaries in the east, when they haven’t been moved there yet? Why not focus on the illegality of the Fallon holding pens? This case does not make sense to me. The lawyer’s arguments or the judge’s rulings. What am I missing here?
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I agree- although a major set back, we can not give up the fight. FILE a NEW lawsuit to try and stop future round-ups. Then eliminate that argument and move on. Ijust don’t know whay it takes so long to get court dates and hearings. Its a STUPID system.
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It was the part about the illegality of the warehousing of the horses that was ruled that the plaintiffs didn’t have standing. I don’t quite understand, doesn’t emotional injury count any more? Craig Downer has CERTAINLY suffered immense anguish as a direct result of the roundups. People have won before on “mental anguish.” Why doesn’t Craig’s – and Terry Farley’s – anguish mean anything here? Or maybe I’m just confused.
The roundup was ruled “moot” because an appeal of the denial of the preliminary injunction was not filed. Seems like our lawyer should have known to do that, but what do I know?
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The Federal courts have a standard bag of tricks, and one is “Standing” The Court needs to offer a remedy to the plaintiff harmed by a violation of law. The law violation can occur if there is no damage or harm to a plaintiff. PBS, and The Cloud Foundation might be harmed because they film and document Wild Mustangs in their natural state as enacted by Congress. Thus if the mustangs are illegally removed the plaintiffs acting in the public interest are harmed and need a remedy, restoration of the mustangs according to the will of Congress.
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How about suffering depression over the manner in which the round ups occur and the sight of the horses who are clearly losing their spark of life standing around in pens. Is this injury enough?
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Very interesting post…thanks.
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I found it “interesting” that Friedman said yesterday that the defendants should have filed an appeal of his denial of the preliminary injunction (that would have stopped the roundup). That would mean that back on December 23, 2009 when Friedman originally denied the preliminary injunction, the next legal move (by Spriggs) that should have been taken was to appeal that denial. Why didn’t that happen? Was it ever considered? It makes me beyond sick to think that possibly, had this “simple” legal procedure been filed, the Calico round up might never have taken place.
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I believe that IDA/Farley/Downer are the “Plaintiffs”.
There is a real problem with logic if a judge denies an “injunction”, continues to hear arguments for MONTHS and then tells the plaintiffs that he can’t rule in their favor because they didn’t appeal the injunction decision. That has got to be one of the most whacked legal illogic I have ever heard.
And it took this troll (that he was a lawyer for government isn’t the big issue here….there are some fine ones….Solicitor General? Whole different work ethic and cliente…Kagan for example). It appears to me that this judge milked this time table for all it’s worth and knew back in December that he wasn’t going to rule on substance.
Excuse me!….six months to dismiss a case?!?! WTH!!!!!!! Six months of anguish for those equines????? Six months of money, time and effort battling the noble fight????? And dismissed because the plaintiffs didn’t appeal the injunction decision?!?!? BS!!!
Depressing? Yes. QUIT? NEVER, EVER, NEVER GIVE UP!!!!!!!
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Sorry…I didn’t finish my thought re: the troll. I should have ended with it took six months to dismiss.
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The Judge gave EVERY indication that he did not see merits to the case when he denied the injunction to stop the roundups..That is the criteria they use to say” Hmm on the face of this..I don’t think the defendant has a good enough case to win, so I cannot aprove the injunction. He also said at the time..I can not rule on an issue that has not been put forth in the complaint…RED FLAG>>you need to file an amended complaint…
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Unfortunately it is not the judges job to tell the plaintiffs attorney the proper course to take..I read the peliminary injuction and thought he handed the attorney some hints..At least it was clear to me at the time..
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Generally appeals are only considered at the end of a case. There had to be motions by the defendant arguing “standing” that might have caused red flags. Case history on “standing” is simple to find. Injury in fact by the plaintiff. This case needs a plaintiff and an appeal.
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Why isn’t “mental anguish” considered here?! I don’t get it, to say the least. It doesn’t have to be physical injury. “Mental anguish” has won many a suit. Why does it not count for anything here?
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So, by some warped legal extension, only parties with “standing” as plantiffs would be the wild ones themselves? They have no protection under the very law that was originally passed to ensure their safety, no voice to speak, and no control over their fates. Today is for sadness, tomorrow for resolve.
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So, as Taxpayers & Voters, why couldn’t we find a way to be appointed temporary guardians of both Wild and Captive Wild Equines?
As you said, they have no protection under a law that was clearly intended to protect them; no one, other than Government contractors, are allowed to be involved or interfere with the ‘care’ they’re ostensibly NOT receiving (such ‘interference’ has resulted TWICE with summary euthanasia of infants); the Bureau & it’s governing body, the Department of the Interior, are enjoying absolute lawlessness with impunity in every step taken againt the Calico Captives, from the Bullsh*t reasoning behind the roundup, the barbarity of roundup itself, the continous death toll mounting on an almost a daily basis, the complete and utter lack of Observer oversight and now the BLM’s assertion that it will no longer be posting Daily Gather Reports, but will limit Public information to once a week.
What exactly does it take to become a temporary guardian? (Anybody??) How much destruction, death & incompetence does it take before abusers get investigated? Does Federal law apply only to Citizens? Because if a person who had adopted Wild Equines were to subject those animals to any of the horrors the Captives are currently enduring, you can bet yer sweet ass someone’s gonna get a visit from local law enforcement or an animal advocacy group, and those animals would be removed from your custody.
Sorry to be so long winded. Just sick & tired of all this crap.
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me too I am so upset and angry over the blm.
The horses in holding are looking worse and worse, some seem much thinner after these past 4 months. perhaps a side by side of 2 pictures one on round-up day and one pic after 4 months of blm care.
It has to be simple pics even a non-horse general public can see and understand.
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US Institute for Environmental Conflicts…arbitrator of conflicts..The case of the Buffalo on the Flathead Mont. res. conflict resolved by allowing the tribe to manage the herd…closest thing I could find in terms of a wild horse resolution..we could support..Keep in mind this is one herd of buffalo-not the different HMAs we would have to deal with as individual and seperate issues..It took a year for them to do the assesment…6months to arbitrate..and 2 years to implement and is on a 2 year trial basis..So it is a possibility
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The Mustangs must be severed from the BLM because of a conflict of interest.
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The way i read it is..the defendants had standing to bring the suit..lost it when the judge denied the injunction to stop the roundups…because..the defendants could still go to the facilities and see the horses (I know it doesn’t make sense..its a legal technicality) they can still view the horses -so they are not being harmed….and i guess the judge just assumes the same will be true in long term holding somewhere in the US..which is not true..we don’t even know where many of these facilities are..they are on private land and we are denied access and knowlege of their whereabouts..in fact they are moved around when the BLM cuts a better deal..so they are packed up like luggage and moved..we don’t know how many are dead or injured during this process..I specifically asked Dr. Kane about this..and got a “we are working on it”
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I agree with you the judge did say a lot of why he ruled like he did. Do you think there is a chance to do one small thing like get the helicoptors out of the sky or stopped.?
This is so sad, there are not many natural selected wild horses left in the wild. The blm is working hard and fast to have the natural mustang extinct. There are very few if any places left where horses are not ‘managed’ to death.
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I also think this judge has been dropping hints re: this case, saying most likely the holding pens are illegal etc. I do not know why the appeal wasn’t filed when the atty must have realized it would case them to lose standing in the final decision. I also do not understand why this case is focusing on the standing of the plaintiffs and the suffering etc caused to them personally. This does not seem like a winning argument or one to even pursue. I believe the only route to pursue is the welfare of the horses vis a vis the 1971 law and the protections accorded them by fed law and the fact the the round ups are the most invasive mgmt policy, not the least and that when they are taken off the range they cease to be wild horses.
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That photo by Elyse incorporated by Mr. Long just breaks my heart.
It reminds me of cattle feedlots. It reminds me of the photos/videos I’ve seen of the equine slaughter pens for Can?Mex. Tragic.
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I just read the tribute to Mouse (again). I cried again… Are the horses “fracturing” their necks on the STUPID bars they have to stick their heads through to eat? Is that what has been happening? The minute I saw the way they had to eat I KNEW it was trouble in the making. PLUS theses horses are being ‘trained’ to stick their heads through fencing! They just stand and stare… so heart breaking 😦
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That’s what I think, the wild horses break their necks and legs on the steel pipes. Anyone can see how they jump on and get their legs threw the pipes all the time. Plus those head feeders are so darn narrow, it would be easy for a horse to snap his nech. especially a wild horse that is used to reacting quickly to a bite or kick.
in adition I hope Temple G. cries and is angry(saw her say ‘i am angry’ over canadas slaughter vids) about her shute system the blm is boasting about. Temple G., yes the BLM moves the wild horses threw your wavey path but then they place them in SMALL metal pipe boxes and the horses are bashing themselves on the bars and jumping up, getting legs in the pipes. they have broken many horses bones, yet they claim this is YOUR humane system.
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What is wrong with our inept, STUPID, HEARTLESS government!!!! Why can’t something be done in favor of the wild horses??What are “they” trying to prove??Why can’t the BLM just let someone, or some wild horse sanctuary , take these horses & really CARE for them, at the government’s expense, at least they wouldn’t have to deal with them, other than providing funds to help care for them!! I don’t own a horse, but, I say, “Horse lovers, UNITE, even stronger than before, we MUST never give up, but keep fighting as long at it takes to save these animals!!!!”
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This is just so sad. Could others tell the blm knew they would win? sure they didn’t geld the over 4s but they did sorted out the ‘picks’ like that pinto. And they housed the stallions, (not housed for possible future release) they housed the stallions as if they soon would be geldings or soon be ‘sale authority’ horses 😦
what is the blm going to do now with those older wild horses, not again with the ‘sale authority’ and they sell to rodeos or the meatmans friends or for 5 dollars to people like meduna the horse killer. or sell to those stupid mustang BREEDERS
Can we do ANYTHING to focus on less broad topics to help these wild horses. Like just prove helicoptors kill horses, using expert wittness?
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Laura, I think we (Advocates) are the only witnesses these animals have. Because it sure the HELL doesn’t appear anyone else, and by that I mean the government, law enforcement or the courts, are witnessing for them.
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I just know that ANYTHING we do will take time, and that’s the one thing the horses do NOT have.
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Why were none of these horses returned to the wild? Shouldn’t we be fighting to preserve the genetics of some of the rarer family bloodline? Why no horses out of this 2000 returned like Cloud’s herd was?
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I think this judge owed someone a favor or was bought off. If the heartless bastard can’t see what’s going on and what’s right, he should be removed from the bench! This is one more example of elected officals and appointed doing exactly the opposite of what the American people want or what is right. Who the hell cares if in his view this is a technicality? For those dead and suffering horses it sure was anything but!
Get real judge Friedman or get off the bench!
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PS, I’ll be in the gallery on judgement day Friedman, when the Creator asks you why you didn’t help his wild ones?
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I am now very scared for the older wild horses at Fallon and what will happen to them. We know the BLM will sell them cheap or give away to anyone.
It breaks my heart that some of these horses will go to bad places, die or become breeders and suffer the rest of their lives.
I keep asking,( well begging) Mrs. Pickens to please now get up a huge amount of land and take those Fallon horses to a good place. My God what is she waiting for? the good ol’ boy-BLM will never give a ‘woman’ anything.
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Laura, I am very scared for the older horses, any horse in LTH. BLM-think must see them as a bigger liability than ever. They aren’t allowed a mass kill now but that could change, or they could be streamed into the slaughter loop. I have been holding my breath in fear.
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Unfortunately for the Calico horses, Madeleine Pickens’ plan does not apply to them–her proposal is to take only the horses that are currently in long term holding in the mid-west, not any of the current horses recently or about-to-be rounded up.
There’s so much confusion about what Madeleine’s plan is about–again, unfortunately, it has nothing to do with stopping future round-ups or with the captured horses that will result from them if they do in fact occur.
Madeleine’s proposal is a totally separate issue from stopping the round-ups or placing the current horses–and sadly, because of that confusion, many people think things are being ‘taken care of” that aren’t at all.
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