Wild horse advocates in Nevada achieved a significant victory in their ongoing legal battle against rural interests aiming to round up federally protected mustangs across the West. The 9th U.S. Circuit Court of Appeals in San Francisco denied an appeal by the Nevada Association of Counties and Nevada Farm Bureau Federation. These groups represent ranchers who argue that overpopulated herds damage the range and deprive livestock of forage.
The decision upholds an earlier ruling by a federal judge in Reno, who dismissed their lawsuit in 2015. The lawsuit sought to force the U.S. Bureau of Land Management to expedite widespread roundups across Nevada. Similarly, the 10th U.S. Circuit Court of Appeals in Denver upheld a decision in Wyoming in October.
In both cases, the American Wild Horse Conservation (formerly American Wild Horse Campaign) and others argued that the courts have no authority to order the agency to gather horses in violation of the U.S. Wild Free-Roaming Horses and Burros Act.
Legal Victory for Wild Horses
“We’re pleased that the courts continue to dismiss attempts by these grazing interests to use the judicial system to rewrite federal law that Congress designed to protect wild horses from capture, not to favor the livestock industry,” said Nick Lawton, a lawyer for the campaign.
The Nevada suit, filed in 2014, demanded that the BLM sell older horses deemed unadoptable without the usual prohibition on resale for slaughter. The Farm Bureau argued that overpopulation severely impacts the health of the horses and the ecological health and sustainability of Nevada’s rangelands.
A three-judge panel of the U.S. appellate court agreed with Judge Miranda Du of Reno, reiterating her conclusion that the plaintiffs failed to identify any specific final agency actions that could be challenged.
“Instead, NACO seeks judicial oversight and direction of virtually the entire federal wild horse and burro management program in Nevada,” the three-page ruling issued Monday stated.
Originally posted by Washington Post