Wild horses from the Calico Complex photo by Craig Downer
This article was originally published 12-26-09
In a recent decision to deny a request for preliminary injunction to prevent the Bureau of Land Management roundup of 2,700 wild horses from the Calico Complex in Nevada, District Court Judge Joe Friedman suggested the gather be postponed. Plaintiffs in the case In Defense of Animals et al vKen Salazar et al allege that "capturing, corralling and placing [horses] in long term holding pens... is illegal." The court leans toward agreement with that premise and notes in addition that the Wild Horse Law explicitly prohibits their relocation to areas of public lands where they did not exist in 1971 Court documents state:
If the agency conducts the proposed gather as planned, with the understanding that long term holding of horses will not be permitted, BLM will have to decide what to do with excess horses that are not adopted or sold soon after they are captured... But since the agency has no funds to euthanize those horses and would be enjoined from holding them, it would face an inescapable conundrum. If the face of such a dilemma, the agency's best option might be to postpone the gather..."
The Bureau has chosen instead to forge ahead with it's capture plan which will begin on Monday. So what can BLM do with 2,700 wild horses?
"They would be ill advised at this point, considering the fact that he [Judge Friedman] has ruled the way he has, to move those horses anywhere. And that's what he calls a conundrum." says plaintiffs attorney William Spriggs , "They can't euthanize them and, under his ruling, they can't move them." BLM officials have yet to respond to questions on this subject.
The Bureaus decision to continue their capture plan has triggered an avalanche of already growing protest. Calls to stop the roundup have escalated across the country. Sheryl Crow, Willie Nelson, Viggo Mortensen, the Barbie Twins and scores of other celebrities have joined in calling on President Obama and Nevada's own Senator Reid to stop the massive roundup until Congress decides what should be done.
Wild horse advocate, Arlene Gawne, has organized a protest to take place in Las Vegas on Sunday. Another is scheduled in San Francisco. "I's so mad. I just can't take it anymore." said Gawne. " I'm getting calls from all over the country, even Canada."
Judge Friedman indicated his desire to expedite the matter. In the meantime, how will BLM resolve their self inflicted conundrum?
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