For Immediate
Release: September 23, 2004 |
Contact: |
Maxine
Shane BLM 775-861-6586
Theresa
Sauer BLM 303-239-3861
Vaughn
Whatley BLM 303-239-3766
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BLM
Strategy to Manage Horses Upheld in Federal Court
United
States District Judge Richard J. Leon of the District of Columbia
recently dismissed with prejudice a lawsuit challenging the
Bureau of Land Management's (BLM's) strategy to manage wild
horses.
In
a September 7, 2004 , decision, the Court agreed with the BLM
that the claims presented by two nonprofit organizations and
four individuals were “nonjusticible” and dismissed the case
for “lack of subject matter jurisdiction.”
In
fiscal year 2000, the BLM determined that wild horse and burro
populations in 159 of 192 herd management areas (HMAs) were
overpopulated and that some animals needed to be removed to
prevent damage to the rangelands and threats to watershed health.
The BLM set forth a strategy which calls for gathers and removals,
increased numbers of adoptions and creation of more facilities
to hold excess wild horses or burros removed from the HMAs.
In
discussing the case, Judge Leon said the strategy merely set
forth criteria for implementing gathers and removals, lays out
a removal schedule and identifies funding necessary to implement
the schedule. He said this type of decision does not directly
affect the plaintiffs because each state office creates its
own population models and decides how many horses need to be
removed from each herd in order to manage horses and conduct
gathers. He also noted that all seven of the gathers and removals
which the plaintiffs sought to stop were already “implemented
before, or shortly after, plaintiffs instituted this action.”
Parties
to the lawsuit filed in September 2001 include The Fund for
Animals, the Animal Legal Defense Fund and four individuals.
They claimed the BLM actions ran afoul of the National Environmental
Policy Act, the Wild Free-Roaming Horse and Burro Act and the
Administrative Procedure Act.
The
BLM currently manages approximately 37,000 wild horses and burros
in 201 HMAs located in ten western states. When BLM's strategy
to achieve healthy rangelands and viable herds is fully achieved,
it will result in appropriate management levels of wild horses
and burros in those HMAs.
The
BLM, an agency of the U.S. Department of the Interior, manages
more land—261 million surface acres—than any other Federal agency.
Most of this public land is located in 12 Western States, including
Alaska . The Bureau, with a budget of about $1.9 billion, also
administers 700 million acres of sub-surface mineral estate
throughout the nation. The BLM's multiple-use mission is to
sustain the health and productivity of the public lands for
the use and enjoyment of present and future generations. The
Bureau accomplishes this by managing such activities as outdoor
recreation, livestock grazing, mineral development, and energy
production, and by conserving natural, historical, cultural,
and other resources on the public lands.
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BLM -
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