Court Rules on Checkerboard Wild Horse Gather

A recent ruling by a U.S. District Court in Wyoming has highlighted significant legal challenges faced by the Bureau of Land Management (BLM) regarding the management of wild horses. The court found that the BLM violated the National Environmental Policy Act (NEPA) during its gather of wild horses from Wyoming's Checkerboard area, although it did not breach the Wild Free-Roaming Horse and Burro Act.

Background on the Checkerboard Gather

The 1971 Wild Free-Roaming Horse and Burro Act provides federal protection for wild horses and burros in western states, placing them under the BLM's jurisdiction. However, conflicts have arisen as ranchers and state governments allege that wild herds, under BLM management, have caused ecological damage to rangelands shared with domestic livestock.

In the fall, the BLM began removing wild horses from the Checkerboard—a region where private, federal, and state lands intermingle—following a consent decree with livestock owners. This action prompted a lawsuit from wild horse advocates, who claimed the BLM failed to conduct a necessary environmental study before proceeding with the gather.

Court's Decision

On March 3, Judge Nancy D. Freudenthal ruled that the BLM violated NEPA by conducting the gather without an environmental analysis and related public participation. Her order instructed the BLM to address these deficiencies.

"The NEPA violation is remanded to BLM with instructions to remedy the deficiencies identified," Freudenthal's order stated.

However, the court also ruled that the BLM did not violate the Wild Free-Roaming Horse and Burro Act when it gathered the animals.

Reactions to the Ruling

Tom Gorey, a BLM spokesman, commented, "The decision speaks for itself and the BLM respects the ruling of the court."

Attorney William Eubanks, representing wild horse advocates including the American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign), expressed disappointment with part of the ruling. He stated, "We are disappointed that the court upheld BLM's countertextural interpretation of the (Wild Free-Roaming Horse and Burro Act), which allows the agency to disregard its own established wild horse minimum population levels. However, the court vindicated our concerns with BLM's complete failure to analyze the impacts of this action on wild horses and the natural environment, as well as the agency's failure to engage the public before pressing forward."

Originally Posted By The Horse