Information from varied sources
Finally, a Judge “Gets It!”
“raises serious legal questions concerning whether the large-scale removal of horses conflicts with the Wild Horses Act
Twin Peaks Horses prior to Helicopter Stampede ~ photo by Terry Fitch
Wild Horse and Burro advocates couldn’t stop the controversial Twin Peaks round-up of more than 2,000 wild horses and 200 wild burros along the California-Nevada border because it has already happened, the 9th Circuit ruled.
The federal appeals court in San Francisco on Monday rejected as moot a year-old motion for a restraining order and injunction to halt the round-up in the Twin Peaks Herd Management Area.
The nonprofits In Defense of Animals and Dreamcatcher Wild Horse and Burro Sanctuary have been battling the Bureau of Land Management (BLM) since 2009 to halt the round-up, which they claim violates the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act. The BLM has taken it’s historic stance that the round-up was necessary to keep the herds sustainable, yet sustainability has not clearly been defined.
A lower court denied the groups’ motion in August 2010, with the round-up set to begin within days. A motions panel of the 9th Circuit rejected an emergency move for injunctive relief a few days later, and the helicopter stampede went forward, according to the ruling.
While finding that the plaintiffs’ motion “raises serious legal questions concerning whether the large-scale removal of horses conflicts with the Wild Horses Act and whether an Environmental Impact Statement is required before any action can be implemented,” the panel dismissed it as moot. The motion sought to enjoin only the “effects of implementing the initial phase” of the round-up and to “preserve the status quo.” Neither is possible now, the panel ruled.
“The horses are currently offsite and the remainder of the plan is apparently going forward,” the panel found, promising that “any further appeals in the underlying action shall be expedited and calendared before this panel.”
Writing in dissent, Judge Johnnie Rawlinson said the court could have offered relief by ordering return of the horses to the range.
“It is undisputed that the BLM rounded up all the horses on the range and then decided which horses should be released back into the Twin Peaks area and which should be transported to holding areas,” she wrote. “This would be a different case if the horses who were rounded up had all been dispersed. But that is not what happened. The horses that were rounded up are currently being kept in various holding areas throughout the southwestern United States. As easily as the horses were transported out of their natural habitat, they can be returned. In this circumstance, relief is available and the request for injunctive relief is not moot.”
Related articles
- BLM Employee/Contractor Publicly Promotes Hunting Season on Wild Horses and Burros (rtfitch.wordpress.com)
- Nominations Allegedly Open for BLM Special Interest Board (rtfitch.wordpress.com)
- BLM Boss Bob Abbey Plays Congress (rtfitch.wordpress.com)
Categories: Horse News, Wild Horses/Mustangs
Straight from the Horse's Heart 
Instead of the years of injustice for the wild ones … how about some justice for a change. As the judge said …”As easily as the horses were transported out of their natural habitat, they can be returned”.
LikeLike
It is so simple!
LikeLike
Unless the powers, influence and money corrupting Congress, states and courts are in cahoots and don’t want them back……;).
LikeLike
“Moot” should never be considered – the stampedes should never be allowed to go forward with the case pending before the court. While I’m glad to hear at least one more judge finally does understand and is willing to make that point heard, until we can get them to halt everything until after the case is heard and ruled upon based solely on the merits of the case, we’re darn near fighting an uphill battle everytime. How do we fight “moot”?
LikeLike
I am not a lawyer and I’m only guessing, but find a better way to word the complaint/petition? Anybody have a suggestion?
LikeLike
These are all lessons learned and we ARE taking notes. That is why this is being shared…we are paying very close attention.
LikeLike
I got no legal background or expertise so I’m just pullin’ this outta my, er…
… hat.
The ‘action’ that was performed, the roundup, has already taken place, so it might be considered ‘moot’. (already been done)
But the ‘actuality’ – the horses and burros removed – still exist and therefore, ain’t.
See? Totally pulled out of a hat.
LikeLike
Did the original filing ask that if the wild equines were removed, the action should be deemed temporary and should be put back?
LikeLike
So what is the silver lining? Another judge telling us what we should have done but the lawyer didn’t? Pretty depressing to me.
LikeLike
The dissenting judge’s written finding is landmark in stripping the BLM of their constant “moot” argument. Although not helpful in this case it will be of great value in both current and future cases. In a nutshell the BLM has just been spanked!
R.T. Fitch Author – “Straight from the Horse’s Heart” President of the Wild Horse Freedom Federation The Force of the Horse®, LLC 1-800-974-FOTH http://www.rtfitch.com http://www.sfthh.com http://www.wildhorsefreedom.org
Sent from R.T.’s iPhone
LikeLike
A nice Long criminal sentencing would be have been better !!!!
LikeLike
Well, refile the case seeking return of the horses.
LikeLike
Everyone of these Round ups , removals are in direct conflict with Roam Act , number 1 they are done unnecessary , they are done by an Agency deemed unqualified, they harass, they maim, they kill , the pilots use the Mustangs for there own cruelty or deranged sport and folly, these are a protected under law Species, who are deemed by the American people as Icons, the last living legends, and a American Treasure, the people and Congress have Deemed by Law that The American Wild Mustangs are PROTECTED FROM HARM……..Congress validated this with an almost unanimous vote). Clearly the BLM are in a Direct conflict of the LAW………….And should be tried in a Court of Law for their Criminal Assaults………………….and murders of the Wild Mustangs…………………………
LikeLike
R.T. – There seems to be some confusion here and I am hopinig that you or someone can explain the silver lining. The way I understand it is that the silver lining is that one out of the three judges AGREED that the case was NOT MOOT because the horses/burros could still be returned to Twin Peaks HMA. In addition, the case is not dead – there are still a few more legal steps that can be and will be taken.
LikeLike
Thank you Judge Johnnie Rawlinson. You have it right.
LikeLike
What options remain in order to get those Horses returned to the range?
LikeLike
The minute the helicopter takes off, the horses are no longer “free roaming”–they are trapped and harassed. They would certainly never free roam into the trap pens. When they are transported they are no longer being treated ” as an integral part of the environment”. They should not be removed from their ranges. I get it. Yeah—how do we get them back?
LikeLike
I will try to explain with my VERY VERY limited legal understanding.
The case received the 9th Court of Appeals decision and although it was dismissed it is better than having them rule against the case. In addition, the 9th indicated serious questions were raised on the merits of the claim and one judge (out of three) was solidly on our side and agreed that the case was not moot since it is possible for the horses and burros to be returned to their range.
There is also the district court where the Judge has already ruled the case does have standing and the suit is not moot just because the roundup is over and there could be a ruling in favor of the horses and burros.
There are other legal steps that I do not understand but there are many layers to the law and this Twin Peaks case is not over and there is still a chance that about 1500 wild horses and burros who are being held at long and short term holding facilities COULD go back to their home range.
Keep the faith that this will become a reality as well as a dream.
LikeLike
Thank You Grandma Greg, I understand now completely !!!!!!
LikeLike
Thank you Grandma Greg. The only thing I worry about is, if these wild horses & burros are actually fortunate enough to be released back into the wild, to their home ranges, will the BLM leave them intact & still able to reform herds or bands, & reproduce?? I do NOT trust our government, or any part of it. They will have to prove themselves to me, & countless other American citizens.
LikeLike
Good question. As of May 1st FOIA – there were still 56 captured Twin Peaks male horses (not gelded) alive. One sold, 12 adopted and 4 released. There were also 38 others (at 5 BLM facilites) and one other that BLM did not designate location. I believe there also were some released during the gather but not many. So could these along with the mares “restock” the gene pool if the court case rules in favor of the horses/burros and all Twin Peaks horses and burros are returned to their land? I do not know but I would hope to think so if BLM would return them and then leave them alone… nature has a way of healing it’s wounds when allowed to do so.
Now … I want to tell you something else. BLM states they left 793 horses and 160 burros on the range after the roundup (and if you believe that … I have a bridge to sell you). I just returned from spendiing a full day on the Twin Peaks HMA and after much driving and using binoculars I saw zero burros and two groups of two horses each = TOTAL FOUR HORSES. Of course I didn’t expect to see all that were left on the HMA but I am quite sure that I didn’t just “overlook” seeing 949 WH&B !!!
LikeLike
Where are the Authorities???? The BLM should have been prosecuted a long time ago for the Criminal Assaults on the Protected by law Wild Mustangs, they must be made to return them to the range immediately, we must proceed with everything we have to the Prosecution of these Criminals, There are Federal Judges who believe also that the truth is the Mustangs are essential to our delicate environment………… We must find these Judges…………
LikeLike
My head is spinning trying to figure this all out. I hope this is a silver lining for this one roundup but what about all the others that are planned? This is a roller coaster of a ride with more twists and turns than the snake river. But if you guys say it is good news, then it’s great to hear. Need more good news instead of bad news almost every day about something terrible going on withe these innocent animals.
LikeLike
The roundup is bad, but the idea that they could be returned to the wild is good news. We just need to keep calling, emailing and sending letters when necessary. Although it seems like an up hill battle, please flood the Representatives and Senators office with calls and emails. Although, those that represent the areas may support the roundups there are others in Congress who may finally be seeing the other side. Remember it starts with one and we have 2 Senators who have sponsored the slaughter bill and lets not forget our Represenative who is also working hard in the House to gain more support too. We just need to involve the Legislators in the others areas and districts who do not have friends that run livestock on federal lands. If anyone choses to email the gov about the pilot here is the correct address that I was given for such compliants, but make sure the time and place is noted on your complaint: http://www.gov/about/office org/field offices/psdo/
I have sent a packet of articles to my Senators with notations on certain areas.
RT and all, I think you are drawing a wider audience than you intially thought.
To all those reading this blod, if you read the blog and are as outraged as the
rest of us, please take the time to call your Representatives and Senators. If you are not sure who that is, just do a search with your address and state. All the conerns are compiled in a folder and reviewed. I wonder if we could
request our Legislators to do Congressional inquiries including the emails and
calls. Rt if a million people called and emailed there is no way that they could ingnore the horses and burros. It seems like you have to beat them at their own game. It appears to them that they have the legalities on their side., but hearing that comment, I think the judge is giving a hint there. I am still praying for all the horses and burros that have to sustain the injury and injustices that are constanly being inflicted on them.
LikeLike
Same old same old. The justice system has done this same thing time and again by waiting until the stampede is over with before coming to a decision! I wonder why??? They just don’t get it….
LikeLike