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Judge Rules BLM Must Develop Wild Horse Management Plan

A wild horse stands on a hillside on the Fort McDermitt Paiute-Shoshone Indian Reservation, April 24, 2023, near McDermitt, Nev. Wild horse advocates in Nevada scored a rare legal victory when

In a significant legal win for wild horse advocates, a judge has ruled that U.S. land managers failed to adopt a legal herd management plan or conduct the necessary environmental review before 31 mustangs died during a roundup of over 2,000 horses in Nevada last summer. The ruling by U.S. District Court Judge Miranda Du in Reno mandates that the Bureau of Land Management complete a formal herd management plan for the Pancake complex in eastern Nevada by March 24. Additionally, the agency has been directed to reopen an environmental assessment to consider the potential impact of roundups on wildfire risks.

Judge Du's decision specifically rejects the agency's argument that broader resource management plans combined with individual roundup plans suffice as a formal herd management area plan (HMAP) for the long-term health of herds and rangeland in a specific area or herd complex. The ruling is seen as a precedent-setting move that will offer more protection to mustangs on federal lands in the West moving forward.

While the ruling comes too late for the horses affected last summer, it has been hailed by horse advocates as a significant step in upholding the Wild Free-Roaming Horses and Burros Act. Laura Leigh, founder of Wild Horse Education, expressed satisfaction with the court's affirmation of the law's intent.

The Bureau of Land Management is currently reviewing the ruling and has refrained from immediate comment. Last summer, a different judge in Reno declined to grant an injunction sought by horse advocates to halt the roundup, stating that the agency had not violated laws protecting animals from inhumane treatment.

Judge Du's ruling did not address allegations of inhumane treatment but focused on the agency's failure to implement the required herd management plan since the area was established in 1986. The judge emphasized the agency's duty to prepare an HMAP and criticized the decades-long delays in doing so as 'nothing short of egregious.'

The ruling has opened the door for advocacy and public engagement in addressing critical issues such as forage distribution between horses and livestock, preservation of herd genetics, and mitigation measures for mining and livestock activities in the area. It marks a significant development in the ongoing efforts to protect wild horses and ensure sustainable management practices on federal lands.

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