9th Circuit Court to Hear Ranchers’ Appeal for Wild Horse Roundups in Nevada
San Francisco, CA (March 13, 2017) – On Tuesday morning, the United States Court of Appeals for the Ninth Circuit in San Francisco will hear oral arguments for a legal appeal relating to a lawsuit filed by Nevada ranching interests. These ranchers are seeking mass wild horse roundups and the slaughter of federally-protected animals.
Details of the Hearing
What: Oral arguments before the 9th Circuit Court of Appeals on a rancher lawsuit against the Bureau of Land Management (BLM) seeking mass wild horse roundups.
When: Tuesday, March 14, 2017, at 9 a.m.
Where: Courtroom 3, 3rd Floor Rm. 307, James R. Browning U.S. Courthouse, 95 7th Street, San Francisco
Background of the Case
In Nevada Association of Counties (NACO) v. U.S. Department of the Interior, NACO and the Nevada Farm Bureau argue that the BLM is legally required to remove wild horses and burros from public lands once their populations exceed the BLM’s established population limits, known as “appropriate” management levels (AMLs). Last year, the 10th Circuit Court of Appeals rejected this legal argument in a lawsuit filed by the State of Wyoming against the BLM.
The lawsuit, filed on behalf of Nevada ranchers who graze their private cattle and sheep on American public lands leased at below-market rates, seeks to compel the BLM to immediately round up and remove over 6,000 wild horses from Nevada public lands. It also demands wild horse and burro roundups every two months in the state and the disposal of approximately 50,000 wild horses and burros currently in government facilities.
Intervention and Legal Proceedings
On April 3, 2014, the U.S. District Court District of Nevada granted the American Wild Horse Conservation (formerly American Wild Horse Campaign) (AWHC), along with author Terri Farley and photographer Mark Terrell, the right to intervene in the lawsuit. A month later, AWHC, Ms. Farley, and Mr. Terrell filed a motion to dismiss the case due to its lack of legal merit and the plaintiffs' lack of standing. On March 12, 2015, the court granted their motion, dismissing the case "with prejudice," preventing it from being amended or re-filed.
NACO and the Farm Bureau appealed the lower court’s decision to the Ninth Circuit. Tomorrow’s hearing is the latest in a series of legal battles involving Nevada ranchers, the BLM, and the AWHC and its partners.
“This lawsuit is yet another baseless legal assault on federally protected wild horses and burros by ranchers who view these national icons as competition for cheap, taxpayer-subsidized grazing on our public lands,” said Suzanne Roy, Executive Director of the AWHC. “We are hopeful that the 9th Circuit Court of Appeals will join the 10th Circuit in affirming that the ranchers’ legal claims lack merit. The law of the land and the will of the American people demand protection and humane treatment of these iconic animals.”
The public interest environmental law firm Meyer Glitzenstein & Eubanks LLP continues to represent the AWHC and its partners.
About the American Wild Horse Conservation
The American Wild Horse Conservation (AWHC), is a coalition of more than 60 horse advocacy, public interest, and conservation organizations dedicated to preserving the American wild horse in viable, free-roaming herds for generations to come, as part of our national heritage.
Terri Farley is a full-time author who lives in the Reno area and spends significant time observing wild horses, both on the range and in holding facilities. She is the author of the Phantom Stallion book series, which has sold over a million copies worldwide, and is currently working on a new book, Wild at Heart: Mustangs and the Young People Fighting to Save Them, scheduled for release in Spring 2015.
Mark Terrell owns the Dayton-based Wild Horses of Nevada Photography. He is a nationally known wild horse photographer and operator of tours that provide visitors with the opportunity to view, experience, and photograph the wild horses of Nevada.