Showing posts with label cloud foundation. Show all posts
Showing posts with label cloud foundation. Show all posts

Thursday, November 11, 2010

Ginger Kathrens: Keepin the West Wild

Straight from the Horse's Heart

Story by Erin Udell of the Rocky Mountain Collegian

Profile of Filmmaker’s 16 year Journey with “Cloud


Ginger Kathrens ~ photo by R.T. Fitch
In 1994, Emmy-award winning filmmaker Ginger Kathrens embarked on a scouting trip with her sister to northern Wyoming, where she researched wild horse behavior for a documentary project.
With limited horse experience, Kathrens expected to see the wild creatures grazing in fields all day long, but was surprised to find out about their elusive nature.
“All we saw were butts and dust,” Kathrens said.
It was at the base of a red butte at dawn, while the sun peeked through the Pryor Mountains, that she first saw him — a strong black stallion she named Raven.
“He ran away, but it was certainly a mystical experience,” Kathrens said. “In that moment, something happened to me. I fell in love with that horse.”
She ended up finding Raven and his family, eventually gaining their trust and meeting a young white colt in the herd she named Cloud, a horse she has followed and documented over the past 16 years.
“They really opened their world to me in time,” Kathrens said. “I never thought that I was going to do a film about one wild horse, but that’s what started to happen.”
About 135 CSU students, Fort Collins residents and members of the agricultural community packed into a small lecture hall yesterday evening to hear Kathrens tell her and Cloud’s story through her public television series, “Cloud: Wild Stallion of the Rockies.”
Kathrens’ filmmaking career led her to Africa, Asia, Europe, Central America and South America before she began her focus on wild horses and their behavior.
“It took a long time to merge what I did with what I really loved,” Kathrens said.
But in time, she found her true calling — researching, filming and educating people about the nature of horses.
“We have everything to learn from the wild horse and their society,” Kathrens said. “I hope that I can inform others about my journey and my discoveries. I think there will be something they can learn from that.”
A cause that is dear to Kathrens’ heart is the preservation of wild horses on public lands. The Cloud Foundation, a non-profit organization of which Kathrens is the founder and executive director of, aims to prevent the extinction of Cloud’s herd through education and public involvement.
“We used to have 2-to-3 million horses in the wild,” Kathrens said. “Now we have fewer than 20,000.”
The Mountain Riders Horse Club, which sponsored Kathrens’ presentation, found her story both compelling and important to the agricultural community.
“She’s got nice thoughts, she’s very knowledgeable and she has a story to tell,” said Chuck Peterson, the Equine Teaching and Research Center facility manager. “The wild horse is an emotionally charged interest and she does a great job of telling it.”
Katy Lippolis, a sophomore equine science major and member of the Mountain Riders Horse Club, attended the presentation to learn more about horse issues and behavior.
“I’ve heard so many great things about her,” Lippolis said. “I’m glad that I came. Being a horse lover, it’s cool to see where they came from and their history.”
As for Kathrens, after her 16 years of wild horse research, she continues to grow and learn from her experiences in the field.
“Unlike some people, I can just sit for hours watching wildlife,” Kathrens said. “I really enjoy those quiet calming moments when I’m just waiting for something to happen.”

Thursday, October 7, 2010

Group Lawsuit Filed to Stop Destruction of Colorado Mustang Herd

Straight from the Horse's Heart

Press Release from HfH Advisory Council and The Cloud Foundation
Suit seeks immediate injunction, cites BLM’s violations of four Congressional Acts
New York City, NY (October 7, 2010)— A case filed today against Secretary of Interior Ken Salazar in federal court aims to stop the elimination of wild horses from Colorado’s North Piceance herd area. Plaintiffs Habitat for Horses (HfH), the American Society for the Prevention of Cruelty to Animals (ASPCA), The Cloud Foundation (TCF), Toni Moore and Dr. Don Moore challenge the BLM’s ongoing illegal treatment of wild horses residing on public lands and it’s intention to completely remove all wild horses from this area beginning October 11, 2010.
The Plaintiffs’ attorneys, Bruce Wagman (Schiff Hardin) and Valerie Stanley, are asking the court for an injunction to stop BLM from removing any of these wild horses pending a complete judicial review of the BLM’s conduct. The complaint cites four counts and violations committed by the Bureau of Land Management (BLM): violation of the Wild Free-Roaming Horses and Burros Act, the National Environmental Policy Act, the Information Quality Act and the Federal Land Policy Management Act. The suit has been brought against BLM Director Robert Abbey and Field Manager of the Colorado White River Field Office Kent Walter, in addition to Secretary Salazar.
“The BLM’s ‘shoot from the hip’ policy of indiscriminately destroying and removing long standing wild horse herds has to come to an end,” says R.T. Fitch, Volunteer Executive Director of co-supporting organization HfH Advisory Council“Poor accounting, outdated data and disengagement from the reality of the range is the hallmark of the BLM’s business plan. They must be stopped.”
On September 10th, 2010 the White River Field office of the BLM issued its final decision to completely and permanently eliminate the herd of wild horses which has lived in partnership with the natural environment in the Herd Area for centuries.
BLM and other public agencies have eliminated over a third of wild horse herds  designated for protection by Congress in 1971,” explains Cloud Foundation Volunteer Executive Director, Ginger Kathrens. “Colorado has only a few hundred wild horses remaining and the destruction of yet another herd is unthinkable—cruel, costly and completely unnecessary. It is a managing to extinction policy that must stop.”
This action is co-funded by HfH Advisory Council and the ASPCA. A suit filed last week to protect the nearby West Douglas wild horse herd has so far resulted in a one-year postponement of that “zeroing out action.” The case remains in court.
The Cloud FoundationHfH Advisory CouncilASPCA and over 200 other organizations and tens of thousands of members of the public continue to call for an immediate moratorium on BLM wild horse and burro roundups. To date the BLM has not changed course and plans to roundup and remove a total of 3,295 wild horses and burros before the end of the year. Currently, nearly 40,000 wild horses and burros are held in pens and pastures at taxpayer expense.
Links of interest:
Legal documents filed today: http://bit.ly/d7ePWk
Congress Sends Letter for Wild Herds to Secretary Salazar http://bit.ly/54sign
Roundup Schedule- http://bit.ly/roundupsched
American Herds – “What’s Left?” http://bit.ly/WhatsLeft
Unified Moratorium on Roundups Letter http://bit.ly/MoratoriumLtr
Mestengo. Mustang. Misfit.  America’s Disappearing Wild Horses – A History http://bit.ly/8ZCk8e
Straight from the Horse’s Heart  http://www.sfthh.com
Stampede to Oblivion: An Investigate Report from Las Vegas Now  http://bit.ly/Stampede2Oblivion
Shortlink to this releasehttp://bit.ly/COmustangSuit
Photos, video and interviews available by request from the Cloud Foundation
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public lands with a focus on protecting Cloud’s herd in the Pryor Mountains of Montana. 107 S. 7th St. – Colorado Springs, CO 80905, p. 719-633-3842 www.thecloudfoundation.org
The Habitat for Horses Advisory Council is the “The Legal Voice of the American Equine” and is comprised of like-minded equine welfare oriented organizations and individual advocates. The Council works to progress relevant issues imperative to furthering the safety and well being of horses, both domestic and wild, in the United States. Habitat for Horses Advisory Council is a registered 501c4 non-profit corporation. P.O. Box 213, Hitchcock, TX 77563, p.1-800-974-FOTH  www.hfhadvisorycouncil.org
American Society for the Prevention of Cruelty to Animals (ASPCA) was the first humane organization in the Western Hemisphere. Our mission, as stated by our founder, Henry Bergh, in 1866, is “to provide effective means for the prevention of cruelty to animals throughout the United States. 424 E. 92nd St New York, NY 10128-6804, p. 212-876-7700 www.aspca.org

Thursday, August 5, 2010

Responding to the End of the Tuscarora Roundup

The Cloud Foundation

Media Contacts

Anne Novak
Tel: 415-531-8454                 

Makendra Silverman 
Tel: 719-351-8187


For Immediate Release

Statement from The Cloud Foundation and Katie Fite with Western Watershed Project Responding to the End of the Tuscarora Roundup

Reno, NV (Aug 4, 2010) —"The Tuscarora roundup accurately characterizes a government agency who treads heavily on the First Amendment Rights of American citizens while they destroy a beloved icon of the West," explains Ginger Kathrens, Executive Director of The Cloud Foundation and Emmy Award-winning producer.

"Originally the BLM locked down the area—to dissuade press and observers from covering the roundup for the first two weeks. We can only imagine the dirty work the BLM did not want us to see," says Laura Leigh, Herd Watch Director for The Cloud Foundation. "Even as an accredited member of the press and member of the public I was not allowed to observe any horses during the deadly Owyhee roundup. It is absolutely unacceptable that our government can operate in such a cloak and dagger manner with a resource so important to the American people. This kind of secretive action cannot be allowed to happen again. It is a clear violation of the checks and balances afforded in our Constitution."
  
"It is horrific to see dead horses off rocky cliffs as a result of the Tuscarora roundup," says Anne Novak spokesperson for The Cloud Foundation. "When the press and public are barred from bearing witness, we can only wonder what the contractor and the BLM are trying to hide." 

Despite the BLM's spin doctors at work on the Tuscarora death toll, Katie Fite Biodiversity Director for Western Watersheds Project states, "The desert doesn't lie," reminding us the truth will be revealed. 

# # #

Links of interest:

AP Reports: 34 Dead in roundup in northeast Nevada http://bit.ly/bBA7TC

Washington Post reports on NV Roundup Resuming http://bit.ly/cRwhSc
BLM Roundup Contractor, Sue Cattoor, Interviewed on Tuscarora Roundup http://bit.ly/cjL6xu

Plenty of Water in Tuscarora http://bit.ly/9fChBq

BLM Team Conspires to Clear Out Wild Horses http://farmwars.info/?p=3222

‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58

Legal Defense for Laura Leigh www.GrassRootsHorse.com

Tuscarora/Owyhee Complex Roundup Information from BLM http://bit.ly/Tuscarora

Disappointment Valley... A Modern Day Western Trailer- excellent sample of interviews regarding the issues http://bit.ly/awFbwm
PR Firm Hired for the Destruction of America’s Wild Horse and Burro Herds http://bit.ly/czf3HB
Fact Sheet on Wild Herds & The Salazar Plan http://bit.ly/bfdX1y
Past Cloud Foundation press releases http://bit.ly/TCFpress


Photos, video and interviews available from:
The Cloud Foundation
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public lands with a focus on protecting Cloud's herd in the Pryor Mountains of Montana.
107 S. 7th St. - Colorado Springs, CO 80905 - 719-633-3842 www.thecloudfoundation.org

Friday, July 30, 2010

Deadline is Tuesday to comment on Sec. Salazar’s proposal & Judge Refuses to Hear Contempt Charges Against BLM







______________________________

The Cloud Foundation

Dear Friends of the wild horses of the WEST;
Deadline is Tuesday to comment on Sec. Salazar’s proposal to move wild horses to the East and MidWest you can email this address and comment:
Email address/instructions:
1) send to wildhorse@blm.gov with “WHB Public Comments” in the subject line
2) categorize written comments according to the section of the document they are commenting on.
Here’s a link to the document:
https://www.blm.gov/epl-front-office/projects/lup/4900/13613/13852/default.jsp?projectName=Wild+Horse+and+Burro+Strategy+Development+Document
Here are the comment categories:
a)         Sustainable Herds
b)         Preserves
c)         Treasured Herds
d)         Place Excess Animals into Private Care
e)         Communications
f)          Animal Welfare
g)         Science and Research
We’ll be posting this information on our site as soon as possible, but thought I’d let you know (in case you haven’t heard yet).
Thanks,
Ginger
Ginger Kathrens
Volunteer Executive Director
ginger@thecloudfoundation.org
www.thecloudfoundation.org

_____________________________
 
For Immediate Release

Nevada Judge Refuses to Hear Contempt Charges Against BLM
Advocates want transparency, full public access and their First Amendment rights upheld 

Reno NV (July 29, 2010)—Tuesday Judge Hicks refused to hear Laura Leigh’s motion for contempt against the BLM who denied her access to view the Owyhee/Tuscarora roundup that ended July 20th.  Earlier, on July 16, 2010, the court ruled to honor Leigh’s First Amendment rights, emphasizing her right to view the roundup in Elko Country, northeastern Nevada. 

“If the court refuses to listen to new arguments, then Secretary Salazar’s rogue agency—the BLM—is literally accountable to no one,” states Leigh, Director of Herd Watch, a Cloud Foundation program.

When Leigh sought access to the roundup the day after the ruling (July 17th), BLM officials told her she did not have permission to enter private land where they had placed the capture corrals, citing the landowner had written a letter refusing to allow the public onto his property. What Leigh saw was a letter allowing other public citizens (veterinarians) into the trap site. When she asked to be allowed to follow the same process as these other members of the public, she was told, because of the lawsuit she brought to the courtroom, she would most likely be denied. Further testimony revealed that the private landowner did indeed allow Leigh to witness the gather on the 19th, however BLM failed to allow access for Leigh and simply concluded their operations on the 20th. 

“We want to have full access to see America’s wild horse roundups. This is the public’s right. We want to know how our American icons are treated especially during roundups in the hottest time of year when foals are still tiny,” explains Leigh. “The BLM is playing games and denying us access. At this point our only option is to go to court to hold the BLM accountable for the public’s wild horses.”

While attempting to observe the Owyhee roundup Leigh was followed by an Elko County Sheriff. She was on a county road miles from any town or even any ranch. The Sheriff indicated he could not tell her if she was on a county or a private road. But, if the road was private, he could arrest her. He indicated he could not radio the BLM for information, for lack of a radio, even though he had mentioned just speaking with the BLM. He could not call them, because there was no cell service, but would not agree to drive to a place where he might have cell service. 

“Basically each time I asked for assistance in dealing with the BLM or the Sheriff’ the ‘I can’t help you,’ roadblocks went up and more hurdles were presented to jump over,” says Leigh. “Why did they go through so much trouble to keep me from observing the roundup?”

“The Nevada judge may have refused to hear the contempt charges brought against the BLM in a court of law, but the BLM’s actions are contemptuous and the public knows it,” states Ginger Kathrens, Executive Director of The Cloud Foundation.  “Why does the BLM continue to drive our wild horses into private slivers of land in a sea of public land to round them up? Is it to hide from any scrutiny by the press or public observers?” 

The BLM has already completed the Little Humboldt roundup. The Rock Creek roundup will be complete by weeks end. The entire Tuscarora roundup will have no more public observation scheduled than they had prior to the original Order of the Court recognizing Leigh’s First Amendment rights. 

Kathrens points out that “Leigh was allowed to view fewer than 100 of the 1,200 wild American mustangs rounded up. The BLM’s blatant dismissal of First Amendment rights is alarming.”

The Tuscarora death toll is 22 horses and growing. Several foals less than three months of age have been killed in this roundup. Advocates for the horses warned that summer roundups would be extremely dangerous for small foals in the desert heat. The BLM contends that this is an appropriate time of year.

Statements made about the alleged emergency in the first of the three Tuscarora roundups (defined as an emergency only after the original lawsuit was filed) were expanded on in the defendants written affidavits. Photographs and affidavits from the plaintiff documented that the “emergency” was contained to only a small portion of the Owyhee area. The BLM launched misleading statements during the first ruling. The Court’s original ruling to allow the Owyhee gather to continue was based on a lack of information given to the Court. Expanded documentation was never allowed due to the current denial in the Reno district Federal Court

“BLM needs to be accountable for their negligence”, states Leigh. “Creating apparent emergencies in order to clear away American mustangs is un-American. These animals deserve to roam freely on their land. They are a symbol of the American spirit.”

# # #
Case filings regarding the Tuscarora round ups can be read at

To help keep gas in the Herd Watch tank

To help with legal expenses 

Links of interest:
George Knapps 2 recent programs and helicopter ride w/ Laura
Court Order Granting Injunction 7/14 http://bit.ly/doc10LeighvSalazar
‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58
Restraining order sought - AP article http://bit.ly/TROsought
Tuscarora Mustangs fenced out of water http://bit.ly/Livestockfences
Roundup Schedule- updated July 12, 2010  http://bit.ly/roundupschedule
Disappointment Valley... A Modern Day Western Trailer- excellent sample of interviews regarding the issues http://bit.ly/awFbwm
Fact Sheet on Wild Herds & The Salazar Plan http://bit.ly/bfdX1y
Wild Horse and Burro Act http://bit.ly/a7hOeS
Link to this press release online http://bit.ly/LvSinjunction

Past Cloud Foundation press releases http://bit.ly/TCFpress

Photos, video and interviews available from:
The Cloud Foundation ~ Makendra@TheCloudFoundation.org  
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public lands with a focus on protecting Cloud's herd in the Pryor Mountains of Montana.
107 S. 7th St. - Colorado Springs, CO 80905 - 719-633-3842

Friday, July 23, 2010

Lawsuit Expanded to Protect “Cloud's” Wild Horse Herd


cloud_foundation_logo_cmyk

Media Contacts:








Anne Novak
Tel: 415-531-8454

Makendra Silverman
Tel: 719-351-8187


For Immediate Release:
The Cloud Foundation Expands Lawsuit to Protect “Cloud's” Wild Horse Herd
Foundation includes Forest Service in lawsuit

Washington, D.C. (July 23, 2010)—On July 21 the Cloud Foundation, Front Range Equine Rescue and author/advocate Carol Walker filed an amended complaint in Federal District Court to add the U.S. Forest Service (USFS) to their current suit against the Bureau of Land Management (BLM).  The suit challenges both agencies’ rejection of a Natural Management Approach for the herd and the planned construction of a two-mile long fence which would cut off the Pryor Mountain Wild Horse Herd from crucial summer and fall grazing lands they’ve used for centuries. This small herd is the world’s most famous and the last remaining in Montana, sometimes called “Cloud’s herd” for the now-15-year old band stallion who TCF Director and plaintiff Ginger Kathrens has documented for the popular PBS Nature series. The herd traces its history back to the horses of the Spanish Conquistadors, the Lewis and Clark expedition horses, and Crow Indian War ponies. Plaintiffs contend that the USFS and BLM are engaging in illegal treatment of these federally-protected mustangs and that the Pryor Wild Horses are entitled to use lands in the Custer National Forest, currently not included in the designated range.

Plaintiffs in the litigation include Front Range Equine Rescue based in Larkspur, CO; Carol Walker, equine photographer and author of “Wild Hoofbeats: America’s Vanishing Wild Horses”; and Ginger Kathrens, Director of the Cloud Foundation and Emmy-Award winning producer with 16 years experience documenting and observing the Pryor Mountain herd.

“People value the whole spectacular Pryor ecosystem including this unique Spanish wild horse herd. Seeing the area fragmented by new fencing across pristine, wide-open meadows degrades the experience of visiting this area with true wilderness values,” states Kathrens. “Beyond the visual and environmental damage, it will compromise the future of Cloud’s globally-beloved herd. Forest Service should be working to set this area aside as a designated wilderness rather than working on how to build a bigger, stronger barrier to keep the Pryor horses from their rightful and essential high mountain meadows.”

Building the fence, cattle guard and gates would illegally confine horses to jurisdictional boundaries, restricting their natural and long-held seasonal pattern of use on East Pryor Mountain. Centuries old horse trails go straight through the line now flagged for construction of the fence, estimated to cost taxpayers between $25,000 and $100,000, not including USFS planning costs which, according to USFS, greatly exceed the cost of building the fence.

“The Forest Service has fought efforts to expand the Pryor Mountain Wild Horse Range to allow the herd to engage in their historical and seasonal migrations. Confining wild horse herds to smaller and smaller areas of the public lands lays the groundwork for more intrusive management and manipulation as the Forest Service and BLM contend that these animals will need to be removed from the wild for their own good,” states lead attorney, Valerie Stanley.

For a four-year period in the early 2000s the Pryor Herd was at zero population growth due to mountain lion predation on the foals, as well as the ever-present harsh winter weather and deadly lightning storms. The population of the herd increased only after BLM encouraged the killing of mountain lions. “The public has overwhelmingly supported allowing the herd the opportunity to manage itself.  Apparently, BLM and the Forest Service think Mother Nature can’t get along without them,” Stanley concludes.

Over 100 wild horses have been using the Custer National Forest this month, which constitutes the majority of the Pryor Mountain wild horses, of which less than 150 adults remain in the wild following a massive roundup in September 2009. The Custer National Forest has not explained how the wild horses would be driven them back into the designated horse range. At least two new foals were born last week on the mountaintop and more births are anticipated. Running these young mustangs is dangerous and inhumane and can be fatal as has been proven during recent BLM roundups in Nevada and Oregon.

The area immediately adjacent to the designated range is not currently allocated for livestock grazing, but the Cloud Foundation questions USFS motives in blocking horses from this public land. Actions by the USFS are based, not on damage by the horses to the ecosystem, but seemingly on complaints from livestock permittees. Plaintiffs wonder if USFS is arranging for the building of this fence to facilitate cattle grazing on what would be a new livestock allotment on scenic subalpine meadows used annually by wild horses, mule deer, black bears and an array of small animals in the summer and fall.

“Wild horses have used these Forest Service lands for centuries. BLM and Forest Service have so far failed to work together to expand the range, using natural boundaries which encompass the mustangs’ use area, for the good of the herd and the public that loves them,” explains Front Range Equine Rescue President/Founder, Hilary Wood.

Historically, BLM directed livestock permittees on public grazing land to round up wild horses by aircraft. Once captured, the wild horses were either killed and butchered on the range or were shipped live to meat packing plants. In 1968, a public outcry was launched, spurred by local residents and ABC reporter, author and TCF Honorary Board Member, Hope Ryden. Ryden’s discovery of plans to trap and remove the Pryor Horses despite BLM assertions to the contrary caused a national outcry. In response, then Secretary of the Interior Stuart Udall issued an Executive Order creating the first public range ever dedicated in the United States for the protection of wild horses. The 39,000-acre range was intended to protect the horses, other wildlife, and the natural state of the area. At the time, none of the Custer National Forest Service lands were included, as that was outside of Interior Secretary Udall’s jurisdiction.

“Treating the wild horses as if they are livestock by fencing them into one small section of their traditional use area will not just harm the mustangs, but also the public who can more easily access the Forest Service lands to experience a wildlife display unlike any in North America,” states plaintiff Carol Walker. “I don’t understand why the Forest Service would want to deprive the public from experiencing this kind of natural wild horse wilderness.”

“Wild horses need to be treated like wild horses—not livestock. Right now the public can easily access the Forest Service lands and experience a wildlife display unlike any other,” states plaintiff Carol Walker. “We want the Forest Service to immediately abandon plans to build the fence.”

###

Links of interest:
Expanded Complaint http://bit.ly/PryorsExpComplaint
‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58
Wild Horse and Burro Act http://bit.ly/a7hOeS
Past Cloud Foundation press releases http://bit.ly/TCFpress

Link to this press release online http://bit.ly/pryorscomplaint
Photos, video and interviews available from:
The Cloud Foundation
The Cloud Foundation is a 501(c)3 non-profit dedicated to the preservation and protection of wild horses and burros on our Western public lands with a focus on protecting Cloud's herd in the Pryor Mountains of Montana.

Tuesday, July 20, 2010

Government Lawyers Mislead Federal Judge on Wild Horse Water

http://rtfitch.wordpress.com/2010/07/20/government-lawyers-mislead-federal-judge-on-wild-horse-water/

written by Steven Long ~ Editor/Publisher of Horseback Magazine
Artist Laura Leigh with Captured Calico Horses ~ Photo by Elyse Gardner
HOUSTON, (Horseback) – When Laura Leigh, an author, artist, journalist, and litigant chased the BLM into the desert to observe wild horse capture after a federal judge told her she could do so, she wasn’t allowed to see horses – but she did see water.
Judge Larry Hicks lifted his temporary injunction and permitted the federal Bureau of Land Management to capture horses in the fierce July desert heat of Nevada. As in previous death chases, the result was predictable. Horses dropped after being relentlessly stampeded by a roaring helicopter owned by BLM contractor, Cattoor Livestock Roundups out of Nephi, Utah. The federal agency had lied to the judge, telling him that death by thirst was imminent if they weren’t removed.
Hicks granted the plaintiff, Leigh, a first amendment stake in the chase. He told her it was unconstitutional for the BLM to ban her from observing the horses. In reply, the agency pulled off a cowboy hat trick of sorts in the desert. They moved the trap, the pen where the wild animals were to be driven, onto private land in a mountain canyon out of sight and then told the sheriff’s cops to arrest trespassers, including the litigant who had just won the right to see what BLM was doing in their “gather” first hand.
While Leigh didn’t get to see the objects of the BLM chase, North American Mustangs, she spotted something equally important and precious in the desert – water at the fenced off Desert Ranch Reservoir.
“While the reservoir is located on BLM public land, the water in the reservoir is privately owned (i.e., the private owner holds the water rights in accordance with State of Nevada water law),” said BLM’s Washington spokesman, Tom Gorey. “The reservoir is mostly fenced, but the fences are constructed in a manner that allows wild horses access to the privately owned water in at least three locations. As a result, wild horses are able to move freely to and from the water using the large gaps in the fencing.  In short, access to the reservoir water by wild horses is not blocked.”
If access to the water hole was open in three places, Leigh had caught the BLM lying to a federal judge.
“Desert Ranch Reservoir on public land is less than 5 miles from the trap site,” Leigh told Horseback Magazine late Monday. “BLM has the authority to utilize resources on private property to deal with emergencies. (BKM Director Bob) Abbey declared this issue in Owyhee an emergency.”
Gorey acknowledged today that there is water available to the horses that are being stampeded by the BLM contractor.
“In general, water within the Owyhee Herd Management Area (HMA) is provided primarily by unfenced public land reservoirs (water catchments),” he said. “There is also one spring, called Bookkeeper Spring, which is located on unfenced private land within the HMA.  This spring is normally adequate to water a small number of wild horses, but because of drought conditions, there is very little water available for use this year.”
Claiming extreme drought conditions, the BLM has delivered more than 30,000 gallons of water to the horses in the Owyhee HMA since Monday.
By admitting that water on public land is privately owned, Gorey raised a significant issue. What was the federal government thinking when it privatized an asset as precious as desert water, selling it out of government control? Moreover, when was it sold, for how much, and to whom?
“My assumption is that the BLM has never held the right to this water,” Gorey said.
It the government doesn’t own the water on federal land, who owns it?
Gorey has promised to research the ownership issue of water BLM lawyers claimed was nonexistent, so scarce, the deaths of hundreds of otherwise healthy horses and foals was imminent.
“Why did the BLM choose to press a stressed population through the round up instead of stabilizing the situation and waiting?” Leigh asked. “The claims made in the report given to a federal judge outline a population so fragile that BLM projected would be dead in three days (if the agency was not allowed to round them up.”
Leigh has filed briefs charging the BLM with contempt of court.

To Assist with the Legal Fund Please Click HERE

Press Release the Cloud Foundation







The Cloud Foundation

BLM Above the Law?

Media Contacts:  

Anne Novak
Tel: 415-531-8454                

Makendra Silverman 
Tel: 719-351-8187


For Immediate Release: 

BLM Above the Law?

Salazar’s Agency Ignores Federal Court Order Honoring First Amendment, Denies Observers Access to Wild Horse Roundup 

Reno, NV (July 19, 2010)—Laura Leigh, Herd Watch Project Coordinator for The Cloud Foundation, has been denied access to observe the Owyhee roundup, the first leg of the Tuscarora roundup near Elko, Nevada. On July 16th, Federal Judge Larry Hicks’ ruled Leigh’s First Amendment rights be upheld and therefore allow her and others to view the roundup. Leigh contends that the BLM has gone against the Judge’s orders for three days. Today Leigh filed a motion to uphold the court order for her First Amendment rights.

“We cannot know the truth because they are preventing us from bearing witness.” Says Leigh.

BLM officials refused to tell her where the trap site was located. They had strategically placed it on private land within the public herd management area (HMA) even though the range contains more than 450,000 acres of public land. The private landowner would not grant Leigh and others access. BLM used this method before to hide the Calico roundup from the public and journalists except for rare staged “media days”.

The helicopter stampede resumed as soon as the Judge lifted the injunction last Friday. Since then BLM has captured 620 mustangs and their young foals in the sweltering heat. More than 17 wild horses have been killed during the roundup. At least 2 foals were shot (euthanized) because of leg deformities resulting in lameness after being run over many miles of volcanic rock. Advocates question the accuracy of the diagnosis—pointing to evidence that lameness previously was caused by running the hoofs off the baby horses during last winter’s Calico roundup in Nevada also run by Cattoor Livestock, the private contractor who will be paid close to one million dollars for this roundup.

The BLM has created an alleged wild horses dehydration emergency by fencing mustangs off from water and running them scared by helicopter into traps. Advocates feel it is inhumane that the BLM is not treating the wild horses in the wild for dehydration but instead the BLM continues to chase them, round them up and ship the wild horses crammed in huge trucks for more than 5 hours to a temporary holding facility—all in the desert heat

“These are wild animals. If this alleged emergency was happening to deer or big horn sheep the BLM would not be terrifying them by helicopter chase and then trucking them for half a day in the sweltering heat to be cared for at a distant location. Traditionally you care for distressed wild animals in the wild,” states Makendra Silverman, Associate Director of The Cloud Foundation. “And isn’t it curious that other wildlife or cattle isn’t suffering extreme dehydration out on the same range?”

Leigh had filed a Temporary Restraining Order (TRO) to stop this roundup and defend the public’s first amendment rights to observe the operation. BLM testified in federal court that no cattle remained on the range and that the horses had no water—even though a river is only 10 miles away, a short distance to travel for wild horses who under normal circumstances may travel twice that distance in daily treks to get a drink.

4,000 privately-owned cattle are permitted to graze (and drink) on the Tuscarora Complex where BLM permits only 400 mustangs.  Made up by three separate HMAs: Owyhee, Little Humboldt and Rock Creek, the area is to be managed by BLM principally (though not exclusively) for the federally protected wild horses. 

The foundation wants to know what is stopping the horses from accessing the Owyhee River and other perennial water sources? Are gates locked and vast areas fenced for livestock in the HMA? 

“BLM’s emergency roundups are classified as such before the action begins. The three Tuscarora roundups were never described as emergencies. Suddenly, with the BLM challenged in court and 12 dead horses from the first day’s roundup their operation has suddenly morphed into an ‘emergency rescue’ roundup,” states Cloud Foundation Director, Ginger Kathrens, who has 16 years experience documenting wild horses in the West. “There is really no way to accurately assess the real, on-the-ground situation because the public is still being denied access. Is BLM resorting to any means just to carry out an agenda to rid the western ranges of wild horses?” 

The three Tuscarora roundups (Owyhee, Little Humbolt and Rock Creek) were scheduled months ago as a standard BLM operation. The wild horses were found to be healthy. The primary reason for the roundups was because the wild horses were allegedly damaging livestock fencing. The public, mustang advocates, animal welfare groups and equine experts warned against summer helicopter roundups in the desert heat. The BLM ignored the comments. 

The Cloud Foundation calls for immediate access to be given to all members of the interested public and for the addition of at least two knowledgeable wild horse advocates to BLM’s assembled team of insiders to determine what went wrong in the Owyhee disaster.

“Right now BLM plans to zero out the entire West Douglas herd in Colorado against a Federal Judge’s specific ruling to leave the herd intact. For the past three days, BLM ignored Judge Hicks’ ruling for the First Amendment,” states Kathrens. “Who will stop Salazar’s rogue bureau before they ruin the West?”

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Links of interest:
Washington Post reports on NV Roundup Resuming http://bit.ly/cRwhSc
NBC Reno reports BLM Still Restricting Public Access to Roundup http://bit.ly/bE2wiJ
Leigh vs Salazar Documents filed 7/19 that relate to Leigh's attempt to observe the Owyhee roundup and uphold her First Amendment rights:
Motion for Contempt http://bit.ly/bSAZax
Declaration for Motion http://bit.ly/9AY4x5
Exhibit A DOI Letter http://bit.ly/aL8w95

‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58
Court Order Granting Injunction http://bit.ly/doc10LeighvSalazar
BLM daily reports on Tuscarora roundup http://bit.ly/TuscaroraReports
Roundup Schedule- updated July 12, 2010  http://bit.ly/roundupschedule
The Mustang Conspiracy: Sex, Drugs, Corruption, and BP – investigative report http://www.abovetopsecret.com/mustangconspiracy/
Wild Horse and Burro Act http://bit.ly/a7hOeS
Tuscarora/Owyhee Complex Roundup Information from BLM http://bit.ly/Tuscarora

Disappointment Valley... A Modern Day Western Trailer- excellent sample of interviews regarding the issues http://bit.ly/awFbwm
PR Firm Hired for the Destruction of America’s Wild Horse and Burro Herds http://bit.ly/czf3HB
Fact Sheet on Wild Herds & The Salazar Plan http://bit.ly/bfdX1y
Past Cloud Foundation press releases http://bit.ly/TCFpress


Photos, video and interviews available from:
The Cloud Foundation
news@thecloudfoundation.org
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public lands with a focus on protecting Cloud's herd in the Pryor Mountains of Montana.
107 S. 7th St. - Colorado Springs, CO 80905719-633-3842 www.thecloudfoundation.org

Friday, July 16, 2010

Breaking News: Judge Strikes Victory for First Amendment









The Cloud Foundation


Media Contacts:  

Anne Novak
Tel: 415-531-8454                

Makendra Silverman 
Tel: 719-351-8187


For Immediate Release: 

Judge Hicks Strikes Victory for First Amendment

Court sees Each Roundup as SeparateAllows Leigh Access to Roundup

Reno, NV (July 15, 2010)—First Amendment rights are upheld for wild horse advocate and journalist, Laura Leigh Field Manager of Herd Watch a Cloud Foundation program. Federal Judge Hicks strikes victory today despite his order to proceed with the Owyhee roundup. The other pending roundups in the complex such as Rock Creek and Little Humbolt have been acknowledged as separate events. 

"This ruling was made by a judge that is obviously willing to listen," said Laura Leigh. "He does not want the deaths of 75% of the horses in Owyhee on his heart and mind. As an advocate I completely understand why he ruled the way he did. However please take note that this judge recognizes that these areas are three separate areas and not the single event BLM has claimed. He ruled without predjudice to hearing my argument in his courtroom for Rock Creek and Little Humbolt as separate events. And he ruled with an absolute recognition of the reason our forefathers made the First amendment first. A free press is vital to the system of government accountability in a Democratic society. I am on my way to Owyhee.... We are not done with making a stand for these amazing beings that are such a vital symbol of American Freedom."

The First Amendment protects the fundamental right of individuals including the press and journalists to gather information that are matters of public interest so as to provide that information to the interested public. When the BLM shut off the gather areas from public viewing they violated this concept, at least this is what federal Judge Larry Hicks conveyed in his Order.
Judge Hicks struck down the BLM’s blanket closure of public lands in the Gather area. He agreed with Laura Leigh that this "closure" amounted to a prior restraint on her First Amendment rights because she would not be able to observe and report on the health of the horses and the BLM’s management of the gather.
Assuming the BLM would fairly comply, this ruling brings back the "watchdog" concept which allows the public to observe the BLM’s activities in scheduled wild horse roundups.
"This is a victory for all member of the press. Laura Leigh took on the burden of anyone who was denied access.  Now, any member of the public may have access," explains Gordon Cowan the attorney for Leigh.

# # #

Links of interest:
‘Herd-Watch: Public Eyes for Public Horses’ http://bit.ly/9Wvh58
Court Order Granting Injunction http://bit.ly/doc10LeighvSalazar
Restraining order sought - AP article http://bit.ly/TROsought
Roundup Schedule- updated July 12, 2010  http://bit.ly/roundupschedule
The Mustang Conspiracy: Sex, Drugs, Corruption, and BP – investigative report http://www.abovetopsecret.com/mustangconspiracy/
Wild Horse and Burro Act http://bit.ly/a7hOeS
Tuscarora/Owyhee Complex Roundup Information from BLM http://bit.ly/Tuscarora

Disappointment Valley... A Modern Day Western Trailer- excellent sample of interviews regarding the issues http://bit.ly/awFbwm
PR Firm Hired for the Destruction of America’s Wild Horse and Burro Herds http://bit.ly/czf3HB
Fact Sheet on Wild Herds & The Salazar Plan http://bit.ly/bfdX1y 
Past Cloud Foundation press releases http://bit.ly/TCFpress


Photos, video and interviews available from:
The Cloud Foundation
The Cloud Foundation is a non-profit dedicated to the preservation and protection of wild horses and burros on our Western public landswith a focus on protecting Cloud's herd in the Pryor Mountains of Montana.
107 S. 7th St. - Colorado Springs, CO 80905 - 719-633-3842 www.thecloudfoundation.org

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