Federal Court Rules BLM Violated Law in Wyoming Wild Horse Roundup

Laramie, Wyoming -- March 4, 2015 -- A significant ruling by the U.S. District Court of Wyoming has found that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) during the massive “Checkerboard Roundup” last fall. This operation led to the permanent removal of 1,263 wild horses from their natural habitats in southwestern Wyoming. The court has mandated the BLM to address these NEPA violations while dismissing claims that the BLM violated the Wild Free-Roaming Horses and Burros Act and the Federal Land Policy and Management Act (FLPMA).

Background of the Case

The American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign), The Cloud Foundation, Return to Freedom, and photographers Carol Walker and Kimerlee Curyl argued that the BLM proceeded with the roundup without necessary environmental analysis or public participation. They contended that the BLM reduced horse populations in the Adobe Town, Salt Wells, and Divide Basin Herd Management Areas below established “Appropriate” Management Levels.

Environmental Concerns

The roundup removed all wild horses from the private and public Checkerboard lands within the Adobe Town, Salt Wells Creek, and Great Divide Basin HMAs. The BLM authorized this action without analyzing environmental consequences or considering reasonable alternatives, as required by NEPA.

“We are disappointed that the court upheld BLM’s countertextural interpretation of the Wild and Free-Roaming Horses and Burros Act which allows the agency to disregard its own established wild horse minimum population levels,” said William Eubanks of the public interest environmental law firm Meyer Glitzenstein & Crystal. “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 with this ill-advised decision.”

Ongoing Legal Battle

This ruling is part of an ongoing legal battle over the future of wild horses in the Wyoming Checkerboard, a vast area of public and private land where many of the state’s wild horse herds reside. In 2013, the BLM agreed to remove all wild horses from private lands in the Checkerboard and consider eliminating wild horse populations in this area, effectively prioritizing livestock grazing at taxpayer-subsidized rates.

The plaintiffs are represented by William Eubanks, a partner at the Washington, DC-based public interest law firm of Meyer, Glitzenstein & Crystal. The State of Wyoming and the Rock Springs Grazing Association have been granted intervenor status in the case.

For more information on the lawsuit, click here.

About the Organizations

The American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign) is a coalition of over 60 organizations dedicated to preserving wild horses in viable, free-roaming herds as part of our national heritage.

The Cloud Foundation is a non-profit focused on preserving wild horses and burros, particularly Cloud’s herd in Montana, featured in PBS/Nature documentaries by founder Ginger Kathrens.

Return to Freedom (RTF) is a national non-profit dedicated to wild horse preservation through sanctuary, education, and conservation, operating the American Wild Horse Sanctuary in Lompoc, CA.

Carol Walker and Kimerlee Curyl are renowned photographers who capture the wild horses of the Adobe Town, Great Divide Basin, and Salt Wells Creek HMAs. Walker is also a board member of the Wild Horse Freedom Federation.