AP/ January 11, 2013, 4:11 AM

Federal judge: Nev. wild horse roundup can resume

RENO, Nev. The Bureau of Land Management can resume its roundup of dozens of wild mustangs in northern Nevada, but wranglers must limit their use of electric cattle prods and take other steps to ensure the animals are treated humanely, a federal judge said Thursday.

U.S. District Judge Miranda Du's formal order lifted an injunction she issued last week blocking the roundup of 50 horses near the Idaho-Nevada line.

Although disappointed that the roundup was set to resume Friday, horse protection advocates were pleased that Du's order outlined specific conduct for the BLM.

"The judge has begun what the BLM has failed to do, and that is to establish humane standards for roundups," said Deniz Bolbol, spokeswoman for the American Wild Horse Preservation Campaign.

The judge prohibited the routine use of "hot shot/electric prod treatments" to expedite movement of horses through gathering and loading chutes, allowing their use only "as necessary to ensure the safety and security of the horses."

Also, BLM contract helicopter pilots who chase the horses toward the gathering traps must make sure that slower young foals aren't separated from the herd. And the judge specifically forbade the agency from driving horses into barbed-wire fences, as they did with several earlier in the roundup at the Owyhee complex about 90 miles northwest of Elko.

Laura Leigh, a photographer and director of Wild Horse Education who has been battling BLM over a series of roundups for years, captured that incident on video.

It was among the evidence she submitted in obtaining last week's emergency injunction, along with footage of wranglers repeatedly shocking horses in a loading chute on Nov. 30.

She hailed the ruling as a significant victory.

"Three years of running this grueling marathon from range to courtroom to gain an honest conversation about the inhumane handling of an American treasure and we now have the very first specific language toward actually gaining the first humane care standard," Leigh said in an email to The Associated Press late Thursday.

During a hearing in her Las Vegas courtroom earlier Thursday, Du said she intended to grant the government's request to lift the injunction because opponents had failed to prove the agency lacked authority to remove the mustangs from the high desert.

But she also indicated she was inclined to include language in the order addressing concerns about the allegations of abuse, including repeated shocking of mustangs and running animals to the point of exhaustion.

"If I were to allow the gather to continue, I would want to ensure the horses were gathered in a humane way, as the BLM is required to do by statute," she told Justice Department lawyer Erik Petersen, referring to the Wild Free-Roaming Horse and Burros Act of 1971.

BLM argues the herd in the Owyhee Horse Management Area is too large to be sustained given lingering drought. The agency has warned that some of the animals could die if they aren't removed before spring.

Wild horse protection advocates countered by accusing the agency of shamefully exaggerating the threat to the animals in an area.

"I think it is fiction, your honor," said Gordon Cowan, a Reno lawyer for Leigh. "There's really no emergency out there. There's no proof of stress on the range."

© 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
8 Comments Add a Comment
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WhereisOT says:
"blm argues the herd in the Owyhee Horse Management Area is too large to be sustained given lingering drought. The agency has warned that some of the animals could die if they aren't removed before spring"

The ponies would more than likely prefer to die not in a holding pen, or being beaten, starved & neglected by new "owners"..
Man playing "God"....Must control everything wild...

These blm'ers like others out west...besides being paid liars.....They also be pyromaniacs....who use "controlled burns" working with the stockmen = high class "welfare queens" for most of them...
Burn it up for more better feed they say...
Only to have cheatgrass take hold...so the idiots re-burn..
Turns out many of those "book smart" morons haven't the brains of a rock...
And in the end, starvation for all critters where the grass grows....even the domestic stock that the Country was burned up for in the first place have zero quality feed..

Smarts....not so much...
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bobbysbabybrother says:
Thank you CBS for releasing this VERY IMPORTANT document. Laura has spent untold hours driving ALL over Nv in kinds weather. Many times by herself. She has spent hours documenting for the advocates, crafting suits. Her work is so important. It tells the truth about our government and their contractors who are so set on the almighty dollar they forget there dealing with a living breathing animal.

There is so much about this story. But this step is so much appreciated by advocates. Please stay in contact with Laura and continue to tell the story that the horses would like to share and aren't able too.

Another advocate--a journalist is George Knapp. The Knappster has unbelievable articles for you to peruse. He is also VERY compelling.

Again many many thanks for covering this.
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bobbysbabybrother says:
Thank you CBS for releasing this VERY IMPORTANT document. Laura has spent untold hours driving ALL over Nv in kinds weather. Many times by herself. She has spent hours documenting for the advocates, crafting suits. Her work is so important. It tells the truth about our government and their contractors who are so set on the almighty dollar they forget there dealing with a living breathing animal.

There is so much about this story. But this step is so much appreciated by advocates. Please stay in contact with Laura and continue to tell the story that the horses would like to share and aren't able too.

Another advocate--a journalist is George Knapp. The Knappster has unbelievable articles for you to peruse. He is also VERY compelling.

Again many many thanks for covering this.
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friscogirl101 says:
Thank you CBS for getting this important story out. Lets make one thing clear, though "american wild horse prevention campaign" only commented on this story it is "wild horse Education" who did the work here by filing in federal court to address the inhumane issues at the Owyhee round up though we thank them for their support in this WIN for the horses. For once we now have a humane standard in place for an HMA. Please go to wildhorseeducation.org and assist us in continuing this battle for our wild horses safety. thank you again...
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qyeteye says:
White men are not indigenous to North America... no different then...
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podboq replies:
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Some people do what they can to help fix that issue, but they often commit suicide or are shot by police, or otherwise get caught.

(unfunny humor)

Man has the ability to live in harmony with any environment, protecting the environment's indigenous plants and animals while living alongside them... rarely do we live up to that ability.
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podboq says:
Wild horses aren't indigenous to North America.... no different than rabbits in Australia... both should be exterminated.
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john92021 replies:
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there was a small horse here but got hunted to extinction.