By MARTIN GRIFFITH Associated Press
Posted: 07/15/2011 04:52:41 PM PDT
Updated: 07/15/2011 06:50:01 PM PDT
RENO, Nev.—A federal judge Friday refused to grant an emergency injunction to halt a government roundup of about 1,700 wild horses from the range in Nevada.
U.S. District Judge Howard McKibben's ruling paves the way for the federal Bureau of Land Management to begin removing the mustangs Saturday from public lands in the sprawling Triple B Complex near the Utah line.
The judge disagreed with the Colorado-based horse advocacy group Cloud Foundation, which contends the roundup would violate the 1971 Wild and Free-Roaming Horses and Burros Act because the BLM failed to prove the herds there are overpopulated and causing ecological harm to public rangeland.
The herds have grown by nearly 1,600 horses since the last roundup in the complex in July 2006, McKibben said, and the range and herd itself will suffer if the population continues to grow at a 20 to 25 percent annual rate without BLM intervention.
"Plaintiffs have failed to show that a gather of this magnitude is not warranted in order to protect the rangeland habitat and maintain a thriving, natural ecological balance," the judge wrote. "The historical evidence before this court strongly supports the conclusion that the gather will benefit the horses rather than harm them, as fewer horses competing for limited resources will mean a healthier herd."
McKibben noted the high-desert complex has scarce water sources and the BLM has hauled several truckloads of water to it since June for the mustangs.
full story
Showing posts with label Bureau of Land Management. Show all posts
Showing posts with label Bureau of Land Management. Show all posts
Monday, July 18, 2011
Friday, July 15, 2011
Federal judge to rule on Nevada wild horse roundup
By SCOTT SONNER, Associated Press
Posted on SF Gate. Thursday, July 14, 2011 (07-14) 15:47 PDT Reno, Nev. (AP) --
A federal judge said he intends to decide Friday whether to grant an emergency injunction blocking a government roundup of 1,700 wild horses in eastern Nevada, a move that also could affect other roundups on public rangeland across the West.
"I'm very concerned about the wild horses," U.S. District Judge Howard McKibben said Thursday as he questioned lawyers for both sides about their interpretations of the Wild and Free-Roaming Horses and Burros Act of 1971.
Opponents of the roundup say it violates the act because the Bureau of Land Management has failed to prove the herds are overpopulated and causing ecological harm to public rangeland.
Such a finding is necessary before any of the horses can be removed from federally designated "horse management areas," they say.
"This statute was put in place for a reason — to protect these horses from man, and that includes BLM," said Rachel Fazio, a lawyer for the Colorado-based Cloud Foundation suing to block the roundup BLM intends to start Saturday.
"These horses are to be left alone and not interfered with unless there is a threat to the thriving, natural, ecological balance and that does not exist," she said.
"There may be some water issues in some isolated areas, but these horses are in great condition. There is tons of forage out there. There is no urgency right now to remove these horses from the range."
The 1,700 horses targeted for roundup are among about 2,200 that roam a series of horse management areas covering a total of 1.7 million acres southeast of Elko and northwest of Ely in northeast Nevada.
BLM maintains that area can support only between 500 and 900 horses. Agency officials say they already are trucking in water due to typical water shortages in some areas and that while forage may be adequate now, there will be less come winter.
"The plaintiff suggests we wait until the entire 1.7 million acres is severely damaged before we can act," said Erik Petersen, a Justice Department lawyer representing the BLM during Thursday's one-hour hearing.
Petersen said it is important for the agency to stick to its schedule of roundups because there are a limited number of contractors who can provide the helicopters needed for the largest gathers.
Postponing the Nevada roundup "could delay other gathers throughout the western United States," he said, adding that the next big roundup is planned in Wyoming in September.
The lawsuit accuses BLM of managing the land primarily for livestock and ignoring the act's directive to manage the land "devoted to mustangs and burros principally for their welfare."
McKibben asked Fazio on Thursday, "What does `principally' mean?"
"Mostly," she answered. "There are multiple uses of the land but make sure the horses have the most."
"It's not exclusive, but in the few areas where the BLM has designated ranges to sustain wild horse herds, they should be given priority. Currently in these (horse management areas), livestock are given priority," Fazio said.
BLM disagrees.
"The plaintiff wants to couch this as cattle versus wild horses, but there are a lot of other facts at play," Petersen said.
"The act does not entitle wild horses to better treatment than other" animals on the land, including sage grouse, he said.
Posted on SF Gate. Thursday, July 14, 2011 (07-14) 15:47 PDT Reno, Nev. (AP) --
A federal judge said he intends to decide Friday whether to grant an emergency injunction blocking a government roundup of 1,700 wild horses in eastern Nevada, a move that also could affect other roundups on public rangeland across the West.
"I'm very concerned about the wild horses," U.S. District Judge Howard McKibben said Thursday as he questioned lawyers for both sides about their interpretations of the Wild and Free-Roaming Horses and Burros Act of 1971.
Opponents of the roundup say it violates the act because the Bureau of Land Management has failed to prove the herds are overpopulated and causing ecological harm to public rangeland.
Such a finding is necessary before any of the horses can be removed from federally designated "horse management areas," they say.
"This statute was put in place for a reason — to protect these horses from man, and that includes BLM," said Rachel Fazio, a lawyer for the Colorado-based Cloud Foundation suing to block the roundup BLM intends to start Saturday.
"These horses are to be left alone and not interfered with unless there is a threat to the thriving, natural, ecological balance and that does not exist," she said.
"There may be some water issues in some isolated areas, but these horses are in great condition. There is tons of forage out there. There is no urgency right now to remove these horses from the range."
The 1,700 horses targeted for roundup are among about 2,200 that roam a series of horse management areas covering a total of 1.7 million acres southeast of Elko and northwest of Ely in northeast Nevada.
BLM maintains that area can support only between 500 and 900 horses. Agency officials say they already are trucking in water due to typical water shortages in some areas and that while forage may be adequate now, there will be less come winter.
"The plaintiff suggests we wait until the entire 1.7 million acres is severely damaged before we can act," said Erik Petersen, a Justice Department lawyer representing the BLM during Thursday's one-hour hearing.
Petersen said it is important for the agency to stick to its schedule of roundups because there are a limited number of contractors who can provide the helicopters needed for the largest gathers.
Postponing the Nevada roundup "could delay other gathers throughout the western United States," he said, adding that the next big roundup is planned in Wyoming in September.
The lawsuit accuses BLM of managing the land primarily for livestock and ignoring the act's directive to manage the land "devoted to mustangs and burros principally for their welfare."
McKibben asked Fazio on Thursday, "What does `principally' mean?"
"Mostly," she answered. "There are multiple uses of the land but make sure the horses have the most."
"It's not exclusive, but in the few areas where the BLM has designated ranges to sustain wild horse herds, they should be given priority. Currently in these (horse management areas), livestock are given priority," Fazio said.
BLM disagrees.
"The plaintiff wants to couch this as cattle versus wild horses, but there are a lot of other facts at play," Petersen said.
"The act does not entitle wild horses to better treatment than other" animals on the land, including sage grouse, he said.
Tuesday, October 26, 2010
BLM backs wild-horse sanctuary
State Board of Finance to mull touchy land purchase Nov. 16
Staci Matlock The New Mexican
Posted: Monday, October 25, 2010
The head of the federal Bureau of Land Management's Wild Horse and Burro Program supports a plan for a proposed mustang sanctuary in New Mexico near Cerrillos and said it could serve as a model for other states.
Don Glenn, chief of the BLM's Division of Wild Horses and Burros, said the agency solicited ideas for more sustainably handling an ever-growing number of wild horses that need homes. "One idea was to seek out partners and places to put sanctuaries," Glenn said. "We are interested in a partnership with the state if they buy this land."
A few weeks ago, the New Mexico Energy, Minerals and Natural Resources Department, which oversees the State Parks Division, announced plans to purchase the 12,000-plus-acre Ortiz Mountain Ranch, also known as the Ball Ranch. The property is south of Madrid. The $2.9 million for the purchase would come from Gov. Bill Richardson's discretionary portion of New Mexico's federal stimulus funds. The purchase would expand Cerrillos Hills State Park tenfold, although the ranch is not contiguous with the existing park. A portion of the ranch would be set aside for a wild horse sanctuary, according to Jim Noel, Energy, Minerals and Natural Resources Cabinet secretary.
Gubernatorial candidates Diane Denish and Susana Martinez both oppose using federal stimulus funding to create the wild horse sanctuary. The purchase must still be approved by the eight-member New Mexico Board of Finance, of which Richardson is president and Denish is a member. Full story
Staci Matlock The New Mexican
Posted: Monday, October 25, 2010
The head of the federal Bureau of Land Management's Wild Horse and Burro Program supports a plan for a proposed mustang sanctuary in New Mexico near Cerrillos and said it could serve as a model for other states.
Don Glenn, chief of the BLM's Division of Wild Horses and Burros, said the agency solicited ideas for more sustainably handling an ever-growing number of wild horses that need homes. "One idea was to seek out partners and places to put sanctuaries," Glenn said. "We are interested in a partnership with the state if they buy this land."
A few weeks ago, the New Mexico Energy, Minerals and Natural Resources Department, which oversees the State Parks Division, announced plans to purchase the 12,000-plus-acre Ortiz Mountain Ranch, also known as the Ball Ranch. The property is south of Madrid. The $2.9 million for the purchase would come from Gov. Bill Richardson's discretionary portion of New Mexico's federal stimulus funds. The purchase would expand Cerrillos Hills State Park tenfold, although the ranch is not contiguous with the existing park. A portion of the ranch would be set aside for a wild horse sanctuary, according to Jim Noel, Energy, Minerals and Natural Resources Cabinet secretary.
Gubernatorial candidates Diane Denish and Susana Martinez both oppose using federal stimulus funding to create the wild horse sanctuary. The purchase must still be approved by the eight-member New Mexico Board of Finance, of which Richardson is president and Denish is a member. Full story
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