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

Media Contacts:

23 July 2010

Anne Novak

Anne@TheCloudFoundation.org

Tel: 415-531-8454

Makendra Silverman

Makendra@TheCloudFoundation.org

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.”

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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

news@thecloudfoundation.org

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.

107 S. 7th St. - Colorado Springs, CO 80905 - 719-633-3842 www.thecloudfoundation.org

Cloud and Aztec's filly born in the Forest Service lands 7/15/10

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

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Horseback Magazine

Nevada Judge Finds BLM Media Ban Unconstitutional but Lifts Death Stampede Injunction

July 17, 2010

 

By Laura Allen, Animal Law Coalition, Photo of Plaintiff Laura Leigh by Terry Fitch - Judge Larry Hicks has lifted the injunction prohibiting BLM from proceeding with the Tuscarora roundup. The judge has also denied plaintiff Laura Leigh’s motion to delay the roundup until August, after the foaling season, particularly as to the Owyhee Herd though she can seek “further relief” as to the planned round ups in the Rock Creek and Little Humboldt herd management areas.
But the judge also ruled, “As to Leigh’s First Amendment challenge to the closure of public lands during the gather, the court shall grant Leigh’s temporary restraining order. Leigh argues that a blanket closure of 27,000 acres of public land on which the Tuscarora Gather is going to take place is a prior restraint on her First Amendment rights because she will be unable to observe and report on the health of the horses and the BLM’s management of the gather. The court agrees [and]… finds that the blanket closure … is unconstitutional“. The BLM can, however, draft a “more reasonable closure“.
“The court’s order in no way [a]ffects the BLM’s closure of the airspace above the 27,000 acres of public land. The court finds the closure of airspace to be constitutional and necessary”. (A copy of the Order is attached below for downloading.)
In deciding to allow the roundup to proceed now instead of later, Judge Hicks was persuaded by BLM’s last minute “review“ filed yesterday by a BLM team that claims the horses dying or suffering from dehydration or water intoxication were in that condition prior to the roundup. The “review” states that a BLM contractor found Tuscarora wild horses without water and said “the next 24-78 hours is critical”. BLM recommended rounding up as many horses as possible and warned of a “potentially high mortality” rate.  Horses showing signs of dehydration on the range would be left to die.
Leigh pointed out, however, that there was no mention by BLM of a drought or dehydrated horses in the Tuscarora HMAs until after her lawsuit was filed. She disputed the “hastily assembled” “review” by BLM:

The Defendants’ admit they do not grasp the issue causing the high mortality rate of the horses they run into catch pens. We discover they had not calculated a drought by mid-July or that horses would run out of available water by mid-July although they had studied the probable effects of their intended Gather the several months preceding the Gather, beginning in January 2010. No other BLM document discusses or addresses “drought” for range management in the year 2010 in the Owynee, Rock Creek or Little Humboldt areas. It was in fact, only after suit was filed did these emergency conditions become newly revealed.

Leigh offered to visit the herds and attempt to verify BLM’s claim a roundup must proceed immediately because of drought.
At least Leigh and other members of the media and public will be allowed to monitor BLM’s roundup.

Tags: BLM, death, injunction, mustang, Stampede, Wild Horses

Calico Wild Horse Update April 2010

In Defense of Animals

IDA's lawsuit to stop the roundup of wild horses in the Calico Mountain Complex in northwest Nevada proceeds. Last week, our generous pro bono legal team at Buchanan, Ingersoll and Rooney in Washington DC filed the final brief in the case. We continue to highlight the illegality of the government's practice of removing wild horses from the wild only to stockpile them in government holding facilities in the midwest. Oral arguments in the case are scheduled for April 30 in Washington DC, and the court is expected to issue a ruling by the end of May.

The roundup of the Calico horses exemplifies what is wrong and illegal with the government's management of wild horses.
The tragedy of the Calico horses began with the helicopter stampeding of horses into traps and the separation of family members. It continues today at the holding facility which confines these wild horses in unnatural, zoo-like conditions. Of the reported 1,922 Calico horses rounded up, from December 28, 2009 to Feb 4, 2010, at least 83 have died from roundup-related problems. More than 40 heavily-pregnant mares have spontaneously aborted, and an uncounted number of foals born at the facility have died. (The BLM does not report foals born at the facility who have died.) The government officials claim this is the typical cost of a roundup and they make our point for us - it is too high a cost. It is an unnecessary cost. It is wrong and it must be stopped.
The Calico horses are kept at a newly-built, feedlot-like facility in Fallon, Nevada - approximately 200 to 300 miles from their home range. They are forced to stand and lie in their own waste. The horses are stressed from the confinement, being kept with unfamiliar horses, separated from their family members and the boredom.
Stress tends to weaken immune systems, which can increase susceptibility to health problems that could otherwise (under healthy, stress-free conditions) be warded off. The government recently revealed that a highly-contagious bacterial disease called "pigeon fever" is present at the holding facility. This bacteria, which lives and multiplies in dry soil and manure, is spread by flies and creates large, open intramuscular abscesses on the horse (the abscesses can also be internal). The government states between 50-100 horses are currently infected. This is just the latest misery to befall these innocent victims. We will continue to monitor this situation and let you know how you can help.



Please schedule an in-person meeting with your congressional representative and/or senators to educate them about how they can better represent you by helping wild horses. For information about setting up such a meeting, which can either be in your own state or in Washington DC, please send an email to info@idausa.org. Put "wild horses" in the subject line.
And educate yourself further by checking out our co-plaintiff and children's author Terri Farley's blog, which chronicles her visits to the Calico horses at the holding facility.

In Defense of Animals, located in San Rafael, Calif., is an international animal protection organization with more than 85,000 members and supporters dedicated to ending the abuse and exploitation of animals by protecting their rights and welfare. IDA's efforts include educational events, cruelty investigations, boycotts, grassroots activism, and hands-on rescue through our sanctuaries in Mississippi, Mumbai, India, and Cameroon, Africa.

In Defense of Animals is a registered 501(c)3 non-profit organization. We welcome your feedback and appreciate your donations. Please join today! All donations to IDA are tax-deductible.

In Defense of Animals
3010 Kerner, San Rafael, CA 94901
Tel. (415) 448-0048 Fax (415) 454-1031
idainfo@idausa.org

Wild horse advocates consider legal options

Associated Press

Sunday, Nov. 15, 2009 | 6:08 a.m.

Wild horse advocates say they have no recourse but the courts after federal land managers rejected their request for an immediate moratorium on mustang roundups.
The Bureau of Land Management plans to remove more than 30,000 horses from Western rangelands over the next three years to deal with soaring numbers of the animals and costs to manage them.
John Holland of the Equine Welfare Alliance says his group is considering its legal options after the BLM rejected its request to halt the roundups.
The Chicago-based coalition opposes Interior Secretary Ken Salazar's proposal to move thousands of mustangs to preserves in the Midwest and East to protect horse herds and the rangelands that support them.
BLM spokesman Tom Gorey says there's scientific evidence to justify the roundups.

New Cloud Foundation Blog!

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For the latest updates, visit the NEW BLOG.

Dear Friends of Cloud and the Pryor Horses:

Yesterday was one of the saddest dies of my life as whole bands of horses were driven off their home range by helicopter and into traps where they were then loaded into stock trailers and hauled the 25 miles down the twisting and rough Crooked Creek road. Following Trigger and his large family band down the mountain in a cloud of choking dust I watched these frightened animals brace against each other in the trailer.

Read more....

Pryor Mountain Horses Losing Their Freedom

Cloud Foundation

Updates on Cloud Roundup

From "A Voice for our Horses"

Please check in often for updates!