It seems that a legal technicality has prevented Judge Paul Friedman from granting a motion to stop the round-up of more wild mustangs on December 28, this time from the Calico Mountain Complex herd management areas in Nevada. It is extremely frustrating that the judge agreed with the plaintiffs, In Defense of Animals, that the Bureau of Land Management has no authority to transport healthy horses to overcrowded holding pens, but because the plaintiffs did not raise this argument in their brief, denied the injunction.
Sounds like the lawyers for In Defense of Animals did a bang-up job at oral arguments, but failed to support their testimony in writing. What is especially frustrating is the fact that the judge appeared to side with their logic but could not uphold it because it was not documented in their brief.
His reasoning, as the reasoning of the plaintiffs, is of course, common sense and something Madeleine Pickens, among others, has been saying for some time. How can the BLM round up more horses when they are unable to adopt out the ones that are currently crowded into their holding facilities, and being paid for by taxpayer dollars. The argument about decimating the feeding grounds is just not going to hold up much longer.
This hearing is fair warning to BLM that the judge thinks their practice of keeping wild horses in long term holding facilities is illegal but it also does not offer any solutions to or penalties for the status quo.
If you feel strongly about this issue, the Animal Law Coalition urges you to contact your congressman.
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