Lawsuit Aims to Protect Modoc County’s Wild Horses From Slaughter

October 24, 2018

Wild horses are an iconic part of America’s western landscape, much like the cowboys who round them up. This month, the remote and rugged landscape of Modoc County's Devil's Garden Plateau in far Northeastern California is the scene of a controversial roundup.

The fate of the horses caught in that roundup has sparked a lawsuit filed by two animal advocacy organizations — The Animal Legal Defense Fund and the American Wild Horse Conservation (formerly American Wild Horse Campaign).

To understand the lawsuit, it helps to understand why the Forest Service is conducting the roundup in the first place.

Overpopulation and Environmental Concerns

Biologists say the wild horse territory on the plateau can sustain 400 wild horses, but the population has exploded to 4,000. This overpopulation poses problems for the horses, who may face starvation during harsh winters. Other wildlife, such as the indigenous pronghorn antelope, and the health of creeks and streams are also impacted by these unmanaged herds. There is a general consensus that reducing the number of horses is essential for the health of the horses, wildlife, and the environment.

“We have 10 to 20 times the amount of horses on this land that the land can sustain while also sustaining the wildlife, fish, and other aquatic resources … and the economic driver of this county which is cattle grazing,” said U.S. Forest Service spokesman Ken Sandusky.

The Legal Challenge

The lawsuit seeks an injunction to block the sale of wild horses gathered in the roundup, claiming a violation of the National Environmental Policy Act. Under the current plan, horses over 10 years old are available for adoption or sale for 60 days with limitations on slaughter. After that, they can be sold without limitations, raising concerns they may be sent to slaughterhouses.

Steve Paige, with the American Wild Horse Conservation, observed a recent roundup. He acknowledges the need for better management but disagrees with the current approach.

“There is a right way and a wrong way, and this is the wrong way,” he said. “These horses are getting no protection. They’re getting rounded up, they have the chance of getting sent to slaughter which is illegal in this state. The system they have now is just gonna continue on and they’re gonna continue doing the same roundups and the same thing.”

Paige's organization proposed using birth control injections for wild mares, but the Forest Service’s Sandusky argued that birth control does not address the immediate overpopulation issue.

Ranchers' Perspective

Paige also noted the availability of resources for cattle, the major economic engine in Modoc County. Rancher Kathy Deforest acknowledges the environmental impact of cattle but points out that cattle are strictly managed, unlike the wild horses.

“On the Modoc National Forest where these horses are, the cattle are strictly managed. They are only out on the range for a specified period of time that is agreed to by the Forest Service and the ranchers. They are moved from one area to another so the grasses get a rest. But the horses are staying there, so the grasses and the vegetation never does get a rest,” Deforest said.

Deforest loves the horses but believes poor management has allowed their numbers to degrade the environment.

Future Management Challenges

The word on everyone’s lips — biologists, cowboys, Forest Service employees, and ranchers — was management. While the short-term problem may be settled in the courts, the longer-term issue of wild horse management remains a challenge for the Bureau of Land Management.

Originally posted by KHSU