Legal Action

©Anne Novak for Protect Mustangs

©Anne Novak for Protect Mustangs

For immediate release

Judge blocks the roundup and forced drugging of beloved herd from THE MISFITS starring Marilyn Monroe

Government cannot rely on a five-year-old environmental analysis that ignores allegations of pesticide dangers

RENO, NV (February 11, 2015)—U.S. District Judge Larry Hicks has granted Protect Mustangs and Friends of Animals a motion for a preliminary injunction to stop the Bureau of Land Management’s (BLM) roundup and permanent removal of 200 wild horses in the Pine Nut Herd Management Area (HMA) and the roundup of another 132 wild horses so that an estimated 66 mares can be given the drug PZP, an EPA approved pesticide, as a form of birth control. These wild horses belong to the most famous horse herd in NV–the one featured in The Misfits starring Clark Gable and Marilyn Monroe–which helped pave the way for the Wild Horse & Burro Act of 1971. This herd now faces possible obliteration, despite the Act and advocates are fighting to stop a travesty with attorneys Michael Harris and Jennifer Barnes from Friends of Animals Wildlife Law program and attorney Jennifer Spencer from Cavanaugh-Bill Law Offices in Elko, Nevada

“Today is a milestone for America’s wild horses who have been scapegoated for range damage and forcibly drugged with PZP in experiments for decades,” states Anne Novak, executive director of Protect Mustangs based in San Francisco. “They should never live in zoo-like settings on public land. That’s not freedom. Wild horses are a native species who contribute to the ecosystem. They belong here.”

Hicks said that with the proposed Pine Nut roundup, which was slated to begin Feb. 20, 2015, the BLM has failed to satisfy the National Environmental Protection Act (NEPA) and other federal laws that are applicable.

“Accordingly, the court finds that the public interest will be best served by enjoining the BLM’s proposed gather, at least until the court has an opportunity to fully consider the merits of plaintiffs’ claims,” Hicks said.

“We are delighted that the Court agreed with Friends of Animals and Protect Mustangs that BLM is obligated to fully evaluate under NEPA each and every proposed round-up,” said Michael Harris, director of Friends of Animals’ (FoA’s) Wildlife Law Program. “In relying upon a stale Environmental Assessment from 2010, BLM has not met its duty to fully inform the public about the impacts associated with its plan to permanently remove more than 200 wild horses from the Pine Nut Range, and to dose dozens of mares with the fertility drug PZP. It is time for BLM to evaluate the harsh reality that PZP has long-term detrimental effects on wild horses.”

“I would say this is a major victory for wild horses and reflects rising concerns about rounding up and drugging wild horses with PZP,” added Jennifer Barnes, staff attorney with FoA’s Wildlife Law Program.

“I’m grateful that the wild herd I’ve been studying for 50 years has received justice in federal court today.” Craig Downer, director of ecology and conservation at Protect Mustangs. “This is an opportunity to prove our case to restore the herds.”

www.ProtectMustangs.org
Protect Mustangs is a nonprofit organization who protects and preserves native and wild horses.
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Links of interest™:

February 11th Court order granting preliminary injunction: http://protectmustangs.org/wp-content/uploads/2015/02/PM-Pine-Nut-Order-Granting-Preliminary-Inj..pdf

US judge temporarily blocks wild horse roundup in Nevada (Associated Press) http://www.idahostatesman.com/2015/02/11/3640649_us-judge-temporarily-blocks-wild.html?rh=1

US judge “troubled” by mustang roundup planned in Nevada (Associated Press) went viral: http://www.idahostatesman.com/2015/02/09/3636398_us-judge-troubled-by-latest-mustang.html?rh=1

Lawsuit targets Nevada wild horse roundup (USA TODAY) http://usat.ly/1yNrjLy

Latest suit to block Nevada mustang roundups targets drugs (Associated Press) went viral: http://www.idahostatesman.com/2015/02/01/3622737_latest-suit-to-block-nevada-mustang.html?rh=1

Jan. 26th Press release: Protect Mustangs & Friends of Animals file lawsuit to stop Pine Nut Mountains roundup: http://protectmustangs.org/?p=7806

Wild-horse activists kicked out of federal meeting in Nevada, (Associated Press) went viral: http://bit.ly/1zHGrjY

Activists split on US agency”s plans to treat 250 mares with fertility-control drug in Nevada: (Associated Press) went viral: http://www.washingtontimes.com/news/2014/dec/28/activists-rip-blms-plans-to-remove-750-more-mustan/

Forum on PZP: http://on.fb.me/1DfKqSJ

EPA Pesticide fact Sheet for PZP: http://1.usa.gov/1zKMiWy

Protect Mustangs on Facebook: https://www.facebook.com/ProtectMustangs

ProtectMustangs on Twitter: https://twitter.com/ProtectMustangs

Anne Novak on Twitter: https://twitter.com/TheAnneNovak

A brief history of wild horses in the news: http://bit.ly/1LsjGEz

 

PM Lennox meme

Fort McDermitt Roundup Agreement

For immediate release

Legal action creates public transparency and halts 2-year roundup contract

Victory stops illegal USFS Gather Agreement that was sending horses into alleged kill buyers hands

RENO, NV. (September 26, 2013)–Protect Mustangs, the California nonprofit, dedicated to protecting native wild horses and Citizens Against Equine Slaughter (CAES), the Oregon nonprofit, settled with the Bureau of Land Management (BLM) and the United States Forest Service (USFS). The groups fought for public transparency and to halt the government’s two-year roundup agreement.

The United States Forest Service and the Fort McDermitt Tribe signed a Gather Agreement on May 30, 2013, which directed taxpayer dollars and federal personnel to illegally roundup unbranded, wild, free-roaming horses on Humboldt-Toiyabe National Forest lands and tribal lands until May 31, 2015.

However, as a direct result of the complaint and injunction filed by Protect Mustangs and CAES, the USDA Forest Service terminated the Gather Agreement on September 3, 2013.

The groups specifically requested the court order “the USFS and the BLM to withdraw the Notice and 2013 Horse Gather Agreement until such time as the agency demonstrates to this Court that it has adequately complied with the law.” Instead of litigating the legality of the Gather Agreement, the USFS did exactly what the two groups requested and terminated the Agreement.

“The McDermitt nightmare was the first of what could have been two solid years of heinous roundups authorized by the USFS Gather Agreement,” says Anne Novak, executive director of Protect Mustangs. “We are grateful the lawsuit resulted in the Forest Service terminating the agreement because so many horses were ending up in kill-buyers hands. Many were saved by equine welfare groups but sadly a lot of horses ended up allegedly slaughtered.”

“It’s unfortunate the first McDermitt roundup wasn’t stopped before horses were sold at auction, but we’re glad we got rid of the underlying Agreement that made the McDermitt roundups possible and authorized an undisclosed number of similar roundups until May of 2015,” explains Dr.Lester Castro Friedlander, DVM, president of Citizens Against Equine Slaughter.

Academy Award-winner and member of Protect Mustangs, Michael Blake (Dances with Wolves), stated in his declaration that he received “great inspiration watching wild horses roaming free in Nevada”. He believes if they are rounded up, removed, killed or slaughtered he would suffer harm by loosing that inspiration. Blake is pleased the two year roundup agreement was terminated.

Protect Mustangs is a nonprofit organization devoted to protecting native wild horses. Their mission is to educate the public about the indigenous wild horse, protect and research American wild horses on the range and help those who have lost their freedom.

Citizens Against Equine Slaughter is a nonprofit organization dedicated to the protection of America’s wild and domestic horses.

Protect Mustangs and Citizens Against Equine Slaughter were represented in this case byJones Law Firm of Reno, Nevada and Beckett Law Office of Ashland, Oregon.

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Media Contacts:

Anne Novak, 415-531-8454, Anne@ProtectMustangs.org

Jordan Beckett, 541-510-0333. jordan@roguevalleylawyer.com

Photos, interviews and video available upon request

 

BREAKING NEWS: Michael Blake joins lawsuit to stop ongoing wild horse roundups

For immediate release

Protect Mustangs and Citizens Against Equine Slaughter file preliminary injunction Friday.

RENO, NV.  (August 24, 2013) — Academy Award Winner Michael Blake, author ofDances With Wolves, and member of Protect Mustangs, joins Citizens Against Equine Slaughter and Protect Mustangs versus The United States Forest Service, a department of the United States Department of Agriculture; Jeff Ulrich, Santa Rosa District Ranger; The United States Bureau of Land Management, a department of the United States Department of the Interior, to stop alleged illegal and continuous roundups of federally protected wild horses and burros through the duration of the agreement ending on May 31, 2015. Attorneys, Jordan Beckett, of Ashland, Oregon and Charles A. Jones, of Reno, filed a preliminary injunction friday to safeguard federally protected wild horses in the vast Humboldt-Toiyabe National Forest.

Blake states in his declaration he has received great inspiration, for decades, watching wild horses roaming free in Nevada. He believes that if they are rounded up, removed, killed or slaughtered, he would suffer harm by the loss of his inspiration.

Michael Blake writes in his book Twelve, The King:

“But he and hundreds of thousand like him are gone now from this beautiful land, and for that reason alone I could not stop as I traveled over four hundred miles of Nevada roads. Something evil is still afoot in this land, and it has left its imprint everywhere. In all those miles of open, free country, the mark of evil is present in what is absent. The wild horses are missing from the land.”

Blake is a long time admirer of the american wild horse. His book and acclaimed screenplay Dances with Wolves prominently features horses in the American West.

In the early ’90s he commissioned the first independent aerial survey of wild horses. They found the population on the range was much lower than the BLM’s overpopulation claim.

This summer the National Academy of Sciences announced there is no evidence to support the BLM’s rampant chant alleging overpopulation. Protect Mustangs has called for a moratorium on all roundups in order to conduct scientific population studies before using widespread fertility control. The conservation group is concerned wild horses are being managed to extinction by the BLM–the agency put in change of allegedly protecting America’s iconic wild horses.

“We filed in court to end this nightmare,” explains Anne Novak, executive director of Protect Mustangs. “We believe federally protected wild horses are at risk of going to slaughter as a result of the flawed roundups. We want this to stop now.”

“We are very thankful people have come together to save wild horses from auction but we never want to see this happen again,” says Dr.Lester Castro Friedlander, DVM, president of Citizens Against Equine Slaughter.

Esteemed wildlife biologist and author, Craig Downer, a member of Protect Mustangs, filed a compelling declaration filled with details from decades of studying the area.

“Most of the legal wild equid herds throughout the West have dangerously low populations and the ratios of wild equids to livestock/big game animals are ridiculously low,” explains Downer.  “For example, in the Spring Mountain Complex of wild horse and burro herd areas, the Las Vegas BLM District and Humboldt-Toiyabe National Forest plans to allow only one wild equid per seven thousand-plus legal acres. Here big game and to a lesser extent livestock outnumber and out-consume the wild equids many times over . . . . And here most of the Spring Mountain public waters have been fenced off so that wild horses cannot access them, but game animals, such as trophy bighorn sheep, can.”

Protect Mustangs and Citizens Against Equine Slaughter are challenging the entirety of the USFS decision authorizing an undisclosed number of roundups and an undisclosed number of horses to be removed from the range over the next two years. They filed their original complaint on Friday, August 16, 2013.

“While the first roundup has already been conducted, without further legal action these unbranded, wild horses will be continuously rounded up and removed from the range, impounded, and auctioned off to the highest bidder until May 2015,” explains Jordan Beckett, attorney for Plaintiffs. “The public’s unbranded wild horses are under the jurisdiction of the USFS and the BLM. They need to be managed in accordance with the National Environmental Policy Act and the Wild and Free Roaming Horses and Burros Act.”

Protect Mustangs is a California-based non-profit organization devoted to protecting native wild horses. Their mission is to educate the public about the indigenous wild horses, protect and research American wild horses on the range and help those who have lost their freedom.

Citizens Against Equine Slaughter is an Oregon-based non-profit organization dedicated to the protection of America’s wild and domestic horses.

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Media Contacts:

Anne Novak, 415-531-8454, Anne@ProtectMustangs.org

Patience O’Dowd, 505-610-7644, patience_odowd@yahoo.com

Photos, interviews and  video (Preview)  available upon request

Links of interest™:

Preliminary Injunction filed Friday: http://protectmustangs.org/?p=5056

Read the complaint here: PM Complaint CAES Protect mustangs v USFS BLM

Sign the petition to Defund the Roundups: http://www.change.org/petitions/defund-and-stop-the-wild-horse-burro-roundups

 

Last week’s press release with links of interest:

 

For immediate release

Alleged violations put iconic wild horses at risk of disappearing

Coalition against slaughter and for the protection of mustangs files lawsuit

RENO, NV. (August 16, 2013)–Protect Mustangs, the California-based conservation group, dedicated to protecting native wild horses and Citizens Against Equine Slaughter(CAES), the Oregon nonprofit, have filed a lawsuit against the Bureau of Land Management and the USDA Forest Service asking for an injunction on their intent to impound unauthorized livestock in conjunction with the Fort McDermitt Tribal Council on and in the vicinity of the Humboltd-Toiyabe National Forest. The coalition hopes to prevent wild horses from loosing their protections and going to probable slaughter.

“This may be the first time that protected mustangs are being auctioned off for alleged slaughter en masse and publicly with the tacit approval & cooperation of federal officials,” explains Anne Novak, executive director for Protect Mustangs.

Right now hundreds of wild horses are being fattened up at a Fallon, Nevada auction yard for the sale because the Forest Service allegedly rounded up wild free roaming horses in violation of the 1971 Wild Free Roaming Horses and Burros Act and in violation ofNational Environmental Protection Act (NEPA).

“Horse slaughter is cruel and inhumane and we need to stop it,” says Dr. Lester Friedlander, DVM and president of Citizens Against Equine Slaughter. “This stealth roundup is a heinous act toward our icons of liberty.”

“The U.S. Forest Service needs to comply with the Wild Free Roaming Horses and Burros Act as well as NEPA before rounding up hundreds of potentially wild horses–especially when the BLM’s nearby Owyhee gather plan doesn’t authorize this action,” states Jordan Beckett, attorney for Plaintiffs Citizens Against Equine Slaughter and Protect Mustangs.

The Judge has not ruled on the complaint filed by Protect Mustangs and Citizens against Equine Slaughter as of this moment.

Protect Mustangs is devoted to protecting native wild horses. Their mission is to educate the public about the indigenous wild horse, protect and research American wild horses on the range and help those who have lost their freedom.

Citizens Against Equine Slaughter is a non-profit organization dedicated to the protection of America’s wild and domestic horses.

# # #

Media Contacts:

Anne Novak, 415-531-8454, Anne@ProtectMustangs.org

Patience O’Dowd, 505-610-7644, patience_odowd@yahoo.com

Photos, interviews and  video (Preview)  available upon request

Links of interest:

Read the complaint here: PM Complaint CAES Protect mustangs v USFS BLM

U.S. Judge refuses to block NV tribe’s mustang sale, The Associated Press,http://www.miamiherald.com/2013/08/15/3565447/us-judge-in-nv-asked-to-block.html

Protect Mustangs www.ProtectMustangs.org

Citizens Against Equine Slaughterhttp://www.noequineslaughter.org/

Beckett Law Office, P.C. http://www.roguevalleylawyer.com/

Jones Law Firm http://cjoneslawfirm.com/

Wild Free Roaming Horse & Burro Act http://www.wildhorseandburro.blm.gov/92-195.htm

NEPA http://en.wikipedia.org/wiki/National_Environmental_Policy_Act

Roundup footage & abuse:  http://www.youtube.com/watch?v=yF49csCB9qM (Preview)

 

PLAINTIFFS’ PRAYER FOR RELIEF

Plaintiffs respectfully request that this Court:

1. Declare that the USFS and the BLM violated the National Environmental Policy Act, the Wild and Free Roaming Horses and Burros Act, the Administrative Procedure Act, and their implementing regulation in implementing the Fort McDermitt Horse Gather;

2. Order the USFS and the BLM to withdraw the Notice and 2013 Horse Gather Agreement until such time as the agency demonstrates to this Court that it has adequately complied with the law, including but not limited to putting the 2013 Agreement through notice and comment procedures, ordering DNA testing to determine the origin of captured wild horses, ordering the BLM and USFS to comply with the law to determine ownership of the wild horses, and ordering the BLM and USFS return to public lands or the HMAs all seized or removed wild, free-roaming, and unbranded horses being held at Fallon Livestock Auction;

3. Enjoin the USFS, the BLM, and their agents from proceeding with the Fort McDermitt Horse Gather, or any portion thereof, unless and until the violations of federal law set forth herein have been corrected to the satisfaction of this court;

 

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM IN SUPPORT

Protect Mustangs is an organization who protects and preserves native and wild horses.