Pressure Mounts Against Pendley: A Call for Action

Earlier this month, the American Wild Horse Conservation (formerly American Wild Horse Campaign) joined forces with major U.S. conservation organizations to urge Interior Secretary David Bernhardt to rescind illegal actions taken by the Bureau of Land Management (BLM) during William Perry Pendley's unlawful tenure as head of the agency.

Last month, Chief Judge Morris of the U.S. District Court for the District of Montana issued an order declaring that Mr. Pendley served unlawfully as the Acting Director for the BLM. The court stated that any “function or duty” performed by Mr. Pendley has “no force or effect and must be set aside.” This month, Morris ruled to set aside several BLM Montana decisions made under Pendley’s tenure.

In the letter, AWHC highlights that Mr. Pendley’s tenure at the BLM was marked by a misleading focus on wild horses and burros as an “existential threat” to public lands, despite these federally-protected animals not being present on 88 percent of the lands managed by the agency. This focus resulted in policies threatening the health and long-term viability of America’s iconic wild horse and burro herds.

While Morris stated he would not rule beyond the case filed in his court, his decision opens the door for new lawsuits. However, it is not as simple as filing a new lawsuit in federal court and demanding all wild horse decisions made while Pendley was Acting Director be rescinded.

First, the court's decision is almost certain to be appealed. Both the finding that Pendley served unlawfully and the decisions affected by his unlawful tenure are likely to be challenged. This week, Senator Tester (MT) and other lawmakers introduced legislation to bar the Trump administration from overturning the ruling ousting Pendley. According to The Hill, Tester’s team aims to bring the bill to the floor during the lame-duck session after the election. This legislation and the possible appeal are factors to watch.

Second, even if the Montana ruling stands, a completely new lawsuit would be necessary to relitigate the lawfulness of Pendley's tenure as BLM's Acting Director. While such a lawsuit is possible, as demonstrated by the success in Montana, it makes sense to wait for the appeal to proceed through the judicial system or for the legislation to pass before considering new legal action.

Third, with an upcoming presidential election, a new administration could be in place in mere months. Pendley may no longer be a threat after November 3rd, encouraging patience as we await the election outcome.

Finally, there is still action we can take for our wild horses and burros. Instead of legal action, we can focus on advocacy. Reach out to your Representative and Senators in Congress to explain the situation and ask them not to appropriate any funds to BLM for activities proposed or backed by Mr. Pendley.

Call the Capitol switchboard at 202-224-3121 to be directed to your offices.

Stay strong, the wild ones need us to be their voices.

Brieanah Schwartz is Policy Counsel for the American Wild Horse Conservation (formerly American Wild Horse Campaign). Schwartz received her J.D. from the University of Maryland Francis King Carey School of Law in Baltimore, Maryland, and graduated with a concentration in Environmental Law. She is now barred in the District of Columbia and a federal lobbyist. Brieanah is responsible for advancing AWHC’s position before Congress and this administration, producing comments that AWHC submits, and assisting the litigation teams on all of AWHC’s active cases. A long-time lover of wild horses, she self-published a book with her photography and research on the Cumberland Island wild horses while attending Sweet Briar College in Sweet Briar, Virginia. She currently resides in the Washington, D.C. area with her horse, Eire, dogs, Lady, Drover, and Dandy, and kitten, Pippy.