Issue: Appeals panel allows round-up to proceed.
Priority: IMMEDIATE
Situation Report Summary: A three judge appeal panel lifted the stay on the Triple B complex horse round-up.
(Continued from Part Two.)
On July 19, 2011, a three judge panel lifted the temporary injunction imposed on the Triple B round-up. The court did not rule on the Cloud Foundation's suit against BLM. The court still intends to hear the merits of the Cloud case in August.
Obtaining injunctions of this type is very difficult as the plaintiff has to demonstrate a likelihood of prevailing in the legal proceeding and show that there will be irreparable damages that would occur if the round-up were to proceed. In situations where entire populations are not removed, it is difficult to prove irreparable damages as the depleted herds would likely eventually repopulate their ranges.
Another difficulty involves the courts' traditional reluctance to rule after the fact. Once a round-up has concluded the court can escape the issue by determining that the matter is now moot. Since the hearing is scheduled after the roundup should be essentially over, it is reasonably likely that the court will avoid making a decision.
Here is a link to the
AP news story on the issue.
This situation report will be updated as the matter proceeds.
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