Court upholds wild horse roundup on CA – NV line

Law and the horse






America’s wild horses lose another legal battle. Its as if the Wild Horses and Burros Act means nothing. ~ HfH

From: The Salt Lake Tribune

utahroundupReno, Nev. • A three-judge panel of the 9th Circuit Court of Appeals issued a split decision on Monday upholding the government roundup of more than 1,600 wild horses along the Nevada-California line in 2010.

In the 2-1 ruling, the appellate panel in San Francisco rejected an appeal by horse advocates accusing the U.S. Bureau of Land Management of gathering too many mustangs in violation of several laws, including the Wild Free-Roaming Horses and Burros Act of 1971.

Judge Carlos Bea concluded in the majority opinion the BLM completed the necessary environmental reviews for the Twin Peaks roundup not far from the Oregon line, and that the court must defer to the agency’s expertise.

“In sum, the BLM’s actions fell within the discretion which courts have recognized the BLM has to remove excess animals,” he wrote.

Judge Johnnie Rawlinson wrote in a strongly worded dissent that such deference isn’t warranted if the agency interprets part of a law inconsistently with its overall purpose. She argues BLM violated the intent of Congress to protect the horses.

The ruling upheld an earlier decision by U.S. District Judge Morrison England Jr. in Sacramento that found the BLM acted legally when it gathered horses from overpopulated herds it determined were three times larger than the range can ecologically sustain.

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AUTHOR: Posted by Habitat for Horses Calaway
6 Comments
  • Nancy Albin

    BLM & you still have a problem with the ecosystem!!!! So it’s not the horses maybe you should leave them alone & find out what the real problem is!

    May 13, 2014
  • judye michaels

    “Agency’s expertise” my but_……………. The BLM’s ONLY expertise is in wasting American taxpayers’ money, killing off our nation’s wild horses, and fattening the pockets and wallets of cattle barons and sheep ranchers……

    May 13, 2014
  • The only intelligent thing said above <<<<<Judge Johnnie Rawlinson wrote in a strongly worded dissent that such deference isn’t warranted if the agency interprets part of a law inconsistently with its overall purpose. She argues BLM violated the intent of Congress to protect the horses…………..Every Judge was surely bound to uphold the LAW, the other two did the unthinkable, extremely unbecoming of a Judges entrusted to uphold the Law SHAME SHAME SHAME in fact they are a DISGRACE !!!!!

    May 13, 2014
  • Nancy Albin

    Yes but who’s laws are they bound to uphold! As you can see the people that have made the laws are not living up to them either soo… It’s a dead end street when we are the only ones that have to serve a penalty if we violate laws blm has violated every law including the laws of nature & god as being a human “Mankind” go to the facilities & see for yourself and that Joan whatever is the biggest liar her & sally are running neck & neck the only way is if there is a total blood bath as far as i can see this is completly out of control blm ranchers are just sitttin ther elaughing at us!

    May 14, 2014
  • The Roam act of 1971

    May 14, 2014
  • In 1971 Congress passed Public Law 92-195, the Wild Free-Roaming

    May 14, 2014