Issue: Report on the legal action regarding Cloud's Herd (Part Two)
Situation Report Update: September 3, 2009
- Legal Updates:
The Cloud Foundation and allies tried to get a temporary restraining order to stop the round-up until the Court could look at evidence and hear arguments as to the propriety of the gather. TROs against Federal agencies are hard to get and the bonds that plaintiffs are often required to post are prohibitive. The plaintiffs did not get the court to issue a TRO, but rather they got permission to observe the gather.
The court has still to set a date to hear arguments and review the evidence. In these kinds of cases the plaintiffs bear the burden of proving irreparable harm resulting from the actions of the government, and they have to demonstrate that illegal or improper actions on the part of the governmental agency caused this harm. The current problem involves what BLM intends to do with the horses if the Court doesn't take up the case right away.
- BLM's Proposed Actions:
The Bureau of Land Management rounded up approximately 70 horses, an entire subpopulation of the herd, and has the animals in temporary holding.
From all appearances the BLM is planning to go ahead and distribute these horses through adoptions and through sales of the older horses, even if the court hasn't yet ruled whether they should have been removed in the first place. The BLM can legally do that because the court did not issue a TRO prohibiting the disbursal of the animals. Advocates fear that these members of Cloud's herd, horses that comprise a significant element of the herd's fragile genetic pool, will be removed forever or be exposed to horse diseases in BLM's facilities and introduce those diseases into the herd if the horses are released.
There is also a fear that BLM is going to broadly apply PZP to the herd. While many advocates support the concept of reducing wild horse birth rates, the generally accepted approach involves providing temporary birth control to a portion of a herd, thereby reducing the "recruitment" rate, but still providing some age diversity within the herd.
BLM appears to be committed to heavy handed tactics with respect to this historic herd, and it may be doing so at the agency's own peril as the public outrage increases.
- The BLM has since rounded up the entire remainder of the herd. There is a veil of secrecy involving what will happen next.
The Cloud Foundation's Press Release:
Other on-line articles:
What you can do:
At this point it is time to approach Congress and President Obama and insist that BLM apply some common sense and compassion in this situation. At the very least, BLM needs to protect and preserve the horses that were gathered as would be expected of any asset that is material to a pending court case. Disbursing these horses before the court rules is arrogant, provocative and sets a bad example of government conduct for our citizens and children. One of the reasons that the Obama administration is in office is that the previous administration showed disdain for Congress and the courts. We were promised change. It's time to deliver on that promise.
How to contact President Obama:
Phone: 202-456-1111 or 202-456-9000
Fax: 202-456-2461
Email President Obama
How to contact your Senators and Congressional Representative:
The U.S. Senate
The House of Representatives
Additional information will be posted on this site as this situation develops, and you can follow the effort to protect and preserve Cloud's herd by visiting the
Cloud Foundation.
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