A federal court has overturned the Bureau of Land Management’s (BLM) wild horse and burro Adoption Incentive Program (AIP), finding it in violation of several federal laws.
The ruling is in response to a lawsuit filed by horse advocacy groups, including the American Wild Horse Conservation and Skydog Sanctuary, and a private citizen and other petitioners. The groups argued the program incentivized suffering and slaughter of wild horses and burros adopted through the program.
“Our wild horses deserve to be protected and treated humanely, not turned into a commodity for profit and abuse. This decision returns to the wild horses that have been removed from our public lands the protection that they deserve,” said wild horse photographer and author Carol Walker, a petitioner in the suit.
Judge William J. Martinez in the U.S. District Court for the District of Colorado ruled that the groups have suffered aesthetic injuries as a result of the adoption program, as proven by members’ firsthand experiences and a report in the New York Times documenting stories of two adopters who sold their horses for slaughter after receiving the program’s incentive funds.
“It is not hard to imagine—nor is it speculative for Petitioners to assert, based on the record evidence—that the slaughter of wild horses by third parties would be ‘fairly traceable’ to agency action that invites members of the public to obtain title to these untrained animals for a $1,000 cash incentive after only a year of care and supervision,” Martinez wrote in the ruling.
He ruled the BLM violated the National Environmental Policy Act (NEPA) and Administrative Procedures Act (APA), writing: “An agency cannot avoid its notice and comment obligations by simply clothing instruction memoranda in permissive language, only to then treat them in practice as mandatory.”
Martinez vacated the 2022 instruction memorandum that guided the policies and procedures for administering the program and ordered BLM to conduct the proper APA and NEPA procedures before implementing any similar legislative rules in the future, effectively overturning the current adoption program.
Adoption program controversy
Under the AIP, adopters could adopt a horse or burro and receive up to $1,000 as an incentive in an effort to reduce the BLM’s costs of caring for wild horses or burros on public rangelands. Adopters received $500 within 60 days of the adoption date and an additional $500 within 60 days of titling the animal.
Opponents of the AIP have argued that participants adopt animals only to receive the money and then sell them off for slaughter. A 2021 story published by the New York Times shared two alleged such experiences, which led to the petitioners calling for an immediate ban of the program.
In response, BLM announced additional steps to provide further oversight and protection of adopted animals. These included working with stakeholders to improve the program, requiring adopters to vow not to sell animals with the intention of going to slaughter, improving adopter screening, conducting inspections within six months of adoption, and having a veterinarian certify all titles before incentive payment is remitted.
The payment timing was also changed to be made within 60 days of the titling, rather than half at the time of adoption and half at the title date. In addition, the minimum adoption fee increased from $25 to $125.
“We have an unwavering commitment to the humane care and placement of America’s wild horses and burros,” said Tracy Stone-Manning, BLM director at the time. “By and large, the Adoption Incentive Program has provided the boost people have needed to support their dream of adopting and appropriately caring for a wild horse or burro.”
Bill to ban horse slaughter
In related news, lawmakers introduced legislation at the end of February to permanently ban the slaughter of horses for human consumption. The Save America’s Forgotten Equines (SAFE) Act would also prohibit the export of live horses to Mexican and Canadian slaughterhouses to be sold overseas. Legislation was introduced into both the House and Senate.
“Although the practice of slaughtering horses for human consumption is currently illegal in the United States, the ban is temporary and subject to annual congressional review and no federal law exists to prohibit the transport of horses across America’s borders for slaughter in Canada or Mexico,” the lawmakers said in a statement.
The legislation is cosponsored by more than 100 bipartisan members of Congress. Lawmakers hope to include the SAFE Act as part of the 2025 Farm Bill. The bill is supported by numerous horse advocacy and animal groups, including the Humane World Action Fund, American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the U.S. Harness Racing Alumni Association, the Jockey Club and Return to Freedom Wild Horse Conservation. — Anna Miller, WLJ managing editor
