A federal judge ruled not to bridle the wild horse gather in the Pancake Complex in eastern Nevada, rejecting claims from advocates trying to stop the roundup.
Animal Wellness Action, the nonprofit CANA Foundation and horse advocate Laura Leigh, president of Wild Horse Education, filed a motion for a temporary restraining order and preliminary injunction to stop the gather, stating the Bureau of Land Management (BLM) violated the Wild Free-Roaming Horses and Burros Act.
The advocates also argued the government violated their First Amendment right to observe the gather by unlawfully obstructing their access.
“The court finds that plaintiffs have not shown they are likely to succeed on the merits of their claims and that the balance of equities in this instance weighs against enjoining the 2022 gather,” Judge Miranda Du of the U.S. District Court for the District of Nevada wrote.
“Because the court further reasons its findings are unlikely to change within the next one to two weeks, and the 2022 gather must conclude before March 1, the court will consider both plaintiffs’ motions for (the) temporary restraining order and preliminary injunction now, and will deny both motions.”
The Pancake Complex is located about 30 miles west of Ely, NV, and consists of the Sand Springs West and Pancake Herd Management Areas, Jakes Wash Herd Area and Monte Cristo Wild Horse Territory.
According to the BLM, the current population estimate for the Pancake Complex is 3,244 wild horses, excluding the 2021 foal crop. The appropriate management level (AML) is 361-638 wild horses.
A Justice Department lawyer, Maggie Smith, told Du that using helicopters to drive herds into temporary corrals is prohibited from March 1 to June 1. After that, summer heat stresses the animals, and contractor availability becomes a problem in the fall. Smith continued the gather needs to move forward as “It’s an area that is suffering from extreme drought conditions, very limited forage and a huge overpopulation of horses.”
BLM wild horse and burro specialist Benjamin Noyes stated in court documents that a delay in the gathering would add $20,000 a day in costs.
The BLM is currently using a helicopter contractor to gather up to 2,060 horses, with plans to remove up to 2,030 excess wild horses. Up to 30 previously treated mares will be treated with GonaCon, a population suppression vaccine, and released back to the range.
A volunteer for Wild Horse Education noted during the first day of the gather, “The ground was very muddy and slippery during the gather,” and she was “witnessing several horses struggling to run.” The volunteer witnessed one horse appear to break their leg. Noyes stated in court documents that the daily freezing-thawing cycle is typical for the Pancake Complex region in the winter and that the horses are accustomed to running on thawing muddy ground in the winter season.
As of Feb. 1, BLM reported that 1,477 horses were gathered, with 1,389 animals shipped to holding facilities in Nevada. BLM also reported that 13 horses have died, 10 with preexisting or chronic conditions, and three suddenly. In court documents, Noyes said that the “death rate for this gather (1 percent overall and 0.3 percent acute) is within the expected mortality rate for BLM horse gathers (1.1 percent).”
Du stated in court documents, “It is not clear that the BLM has conducted an inhumane gather on the whole, and plaintiffs have not established that one or two incidents of harm would constitute ‘inhumane’ treatment under the Wild Horse Act.”
The volunteer also sought to observe the temporary holding corrals but was informed she would not be permitted to view the corrals every day. Noyes stated in court documents that of the 14 days of gather operations until Jan. 24, BLM personnel offered five public viewing days. Noyes noted that he provided the volunteer with two additional viewing opportunities, which she declined. Noyes also stated that it is sometimes not possible for the public to always have an optimal viewing point.
Du ruled the plaintiffs failed to show they will likely succeed in arguing the BLM imposed restrictions that are not narrowly tailored based on Noyes’ measures for the volunteer.
Horse advocates said in a statement, “We remain deeply concerned about the wild horses at Pancake as BLM rushes this gather plan forward. We are reviewing the court’s ruling and evaluating our next steps. We will keep working toward gaining equitable and humane management for wild horses in the Pancake Complex and elsewhere.” — Charles Wallace, WLJ editor
