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OldDog/NewTricks

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Begin forwarded message:

From: "Reynnells, Richard" <[email protected]>
Date: April 25, 2011 5:29:56 AM PDT
To: undisclosed-recipients:;
Subject: FW: Wild Horse Decision Called Precedent-Setting

fyi

From:
Sent: Friday, April 22, 2011 10:47 AM
To:

Subject: Wild Horse Decision Called Precedent-Setting

http://www.northernag.net/AGNews/tabid/171/articleType/ArticleView/artic
leId/3328/Wild-Horse-Decision-Called-Precedent-Setting.aspx


Wild Horse Decision Called Precedent-Setting
<http://www.northernag.net/AGNews/tabid/171/articleType/ArticleView/arti
cleId/3328/Wild-Horse-Decision-Called-Precedent-Setting.aspx>




general admin
<http://www.northernag.net/AGNews/tabid/171/articleType/AuthorView/autho
rID/85/nanadmin.aspx> posted on April 21, 2011 08:18 :: 56 Views

By SCOTT SONNER Associated Press
RENO, Nev.-Horse protection advocates claimed a rare legal victory in
their larger effort to end federal roundups of free-roaming mustangs on
public lands in the West on Wednesday when a judge denied the
government's motion to dismiss their lawsuit alleging the gathers are
illegal.
U.S. District Judge Morrison England Jr. ruled in Sacramento that In
Defense of Animals and others can move forward with their lawsuit
accusing the U.S. Bureau of Land Management of violating laws protecting
the animals on the range when they gathered more than 1,700 horses and
burros near the California-Nevada line last year.
As it has in similar cases in the past, BLM argued the suit is moot and
should be dismissed because the last of the horses in the Twin Peaks
horse management area were removed from the range in September.
But in what the horse advocates say is a precedent-setting decision, the
judge ruled the case is not moot because "effective relief can still be
granted" if the plaintiffs prove BLM violated the National Environmental
Policy Act or the Wild and Free-Roaming Horses and Burros Act.
"Assuming each of the plaintiffs allegations are true, this court could
conceivably provide relief in the form of an order returning all animals
in short-term and long-term holding facilities to either Twin Peaks or
the West until all requirements of NEPA are met," Morrison said.
"Further, this court could issue an order compelling (BLM) to fully
comply with
NEPA requirements for all future gathers," he wrote.
The agency maintains the roundups are necessary to thin overpopulated
herds causing ecological damage to the rangeland that serves as critical
habitat for numerous species across much of the West, including sage
grouse.
Morrison earlier denied the horse advocates' bid for a temporarily
restraining order to block the roundup before it began last fall in the
extreme northeast corner of California. The critics said in their
lawsuit the gather was illegal partly because there has been no
discussion or consideration of removing some of the 10,000-plus cattle
and sheep currently grazing on the Twin Peaks HMA.
An appeal of that ruling still is pending before the 9th Circuit Court
of Appeals in San Francisco.
But Morrison indicated in his ruling Wednesday the question of whether
the overall lawsuit challenging the legality of the roundups is separate
from the part of the lawsuit that sought to specifically block the Twin
Peaks gather.
Eric Kleiman, research director for the San Francisco-based In Defense
of Animals, said it means that rather than have the case dismissed on
"technicalities," they will for the first time have a chance to address
the merits of their arguments that the BLM has no legal right to remove
the horses from their natural, native habitat on the range.
"This is a groundbreaking legal decision that could lead to America's
wild horses finally having their day in court," he said.
"It's actually rather shocking," added Rachel Fazio, a lawyer for the
plaintiffs who also include the Dreamcatcher Wild Horse and Burro
Sanctuary. "Pretty much every other time the courts have said it is
moot."
BLM officials in Reno and Washington, D.C., did not immediately respond
to requests for comment.
Agency officials said earlier this year that an estimated 33,000 wild
horses roam freely in 10 Western states, about half of those in Nevada.
An additional 36,000 horses are cared for in government-funded holding
facilities. BLM maintains that the horse population would double every
four years if not for the roundup of about 10,000 annually.


Source: The Associated Press <http://www.ap.org/>
Posted by Haylie Shipp
 

balestabber

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I didn't realize the numbers were that big in the western states.sure could be a problem.

there are wild horses in the west,wild hogs to the south,wild moose/bear to the north,and ostrich/emu to the east.
i will try not to sweat the things i cannot change and watch out for those wild weiner dogs here in the ozarks.
 

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