Administration Targets Protections for Wild Horses and Burros

The Trump Administration is proposing significant changes to the National Environmental Policy Act (NEPA), a foundational law for environmental protection in the United States. These changes could have severe consequences for America's wild horses and burros, as well as the public lands they inhabit. Unfortunately, NEPA is not the only law under threat; other critical protections for these animals are also at risk.

Here's an overview of the laws and the efforts to undermine them.

NEPA

Passed into law in 1970, NEPA requires federal agencies, including the Bureau of Land Management (BLM) and the United States Forest Service, to evaluate the environmental impacts of their actions. This evaluation is done through Categorical Exclusions (CXs), Environmental Assessments (EAs), or Environmental Impact Statements (EISs). NEPA applies to any major project involving federal funding, work by the federal government, or permits issued by a federal agency.

Often referred to as the “environmental Magna Carta,” NEPA holds federal agencies accountable for disclosing environmental effects on local communities and allows public comments. The Council on Environmental Quality (CEQ) ensures that federal agencies meet their NEPA obligations.

In August, through Executive Order 13807, President Trump requested that the CEQ revise the NEPA process to “enhance and modernize the Federal environmental review and authorization process.” The Administration argues that NEPA compliance is too lengthy, costly, and redundant, hindering federal partnerships with public and corporate development.

The intent is to minimize environmental review requirements and expedite development of federal lands by industries such as mining, oil/gas, timber, and other commercial extractions.

Recently, the American Wild Horse Conservation (formerly American Wild Horse Campaign), along with hundreds of other environmental and public interest groups, submitted public comments to the CEQ opposing the proposed weakening of NEPA.

BLM’s Plan for NEPA

In response to the President’s Executive Order, Ryan Zinke, Secretary of the Interior, directed the BLM to “streamline” the NEPA process by identifying and recommending “results-oriented improvements” via Secretarial Order 3355.

The BLM submitted a report with over 75 recommendations to roll back environmental protections. These changes would endanger air, water, and wildlife on BLM-managed lands and strip the public of opportunities to be informed and weigh in on proposals.

Because the BLM manages approximately 245 million acres of public land in Western states, where much of the country's livestock grazing, logging, and mining occur, the NEPA process is crucial. Each year, the BLM completes more than 5,000 NEPA documents, several dozen of which relate to wild horse and burro management. The agency's attempts to undermine NEPA will have severe consequences for national herds.

In its report to Zinke, the BLM seeks to exclude virtually all wild horse and burro management activities from NEPA by categorically excluding them.

Categorical Exclusions (CXs) apply to federal actions that do not significantly affect the environment and do not require in-depth analysis through an EA or EIS.

Wild horse and burro activities that BLM wants to exempt from NEPA analysis via a CX include:

• All roundup operations – including helicopter drives, bait trapping, and other capture methods;
• Sales of excess wild horses and burros;
• Application of population growth suppression techniques, including contraception and permanent surgical sterilization;
• Euthanasia of excess wild horses and burros without adoption or sale demand.

In its report to Congress, the BLM added sterilization of wild horses and burros to manage Herd Management Areas as non-reproducing.

By issuing blanket Categorical Exclusions, the BLM could proceed with policies that have profound negative impacts on wild herds without the current requirements for disclosure, analysis, and public input under NEPA.

This is particularly concerning given the administration's attempts to legalize mass slaughter, euthanasia, and sterilization of mares and stallions. Weakening NEPA would eliminate public input into policies opposed by many Americans and remove requirements for disclosure and analysis of policies with devastating consequences for wild herds.

Other Laws on the Chopping Block

The BLM is also proposing weakening other laws that protect wild horses and burros by promoting government accountability. These include:

Freedom of Information Act

The Freedom of Information Act (FOIA) allows citizens to obtain undisclosed information from federal agencies. However, the BLM finds responding to FOIA requests burdensome and recommends changes to limit requests and increase fees.

FOIA requests are often the only way advocacy groups and citizens can obtain information on the BLM’s Wild Horse and Burro Program. These requests have supported investigations into BLM management and exposed mass killing plans. The proposed changes would limit information availability and restrict public access, hindering efforts to expose mismanagement and hold the agency accountable.

Interior Board of Land Appeals Regulations

The Interior Board of Land Appeals (IBLA) reviews appeals of final decisions within the Department of the Interior. The BLM recommends amending IBLA regulations to shorten appeals periods, making it harder for advocacy groups and citizens to file appeals.

Wild Free-Roaming Horses and Burros Act

The BLM suggests amending the Act to allow immediate implementation of non-roundup decisions like fertility control. However, this could fast-track controversial actions like surgical sterilization or euthanasia, provoking litigation and making legal challenges more difficult.

The BLM's report to Congress outlines other legislative changes to the Wild Horse Act, including lowering the sale-eligibility age and eliminating adoption limits. These revisions would undermine the nearly 50-year-old law protecting wild horses and burros.

Revising Equal Access to Justice Act

The BLM recommends revising the Equal Access to Justice Act (EAJA) to eliminate or reduce attorney fees for successful lawsuits against federal agencies. This change could discourage lawsuits regarding wild horse and burro management.

Conclusion

Secretary Ryan Zinke may have ridden a horse to his first day of work at the Interior Department, but his policies have been destructive for America's wild herds. The proposed changes would have lasting consequences for wild horses and burros. It is crucial for the public to continue opposing these destructive policies and let Congress know that Americans value the protection of these cherished animals.