Valerie Stanley
Moving from Mismanagement to
Enlightened Stewardship
Judge Collyer: “How does BLM manage wild
horses?”
DOJ attorney: “BLM manages them by removing
them [from the public lands]”
Hearing on Motions for Summary Judgment in Colorado Wild Horse and Burro Coalition v.
Kempthorne, Civil Action 06-1609 (D.D.C.), January 13, 2009
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Wild Horses and burros are referred to as:
a “management problem”
Wild horses and burros are criticized because they
are free-roaming and not containable in pastures
as livestock
This is their nature and provided for in the Wild
Free-Roaming Horses and Burros Act
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Land Use Plans or Herd Management Area
plans for a given area
Establishment of “AML,” i.e. Appropriate
(misnomer) Management Level
Agreement with Private Groups (such as Rock
Springs Grazing Association in Wyoming)
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Decisions to Remove Wild Horses are not
made in Environmental Assessments (“beyond
the scope”)
Cited 20% annual growth rate (not based on
actual knowledge but routinely cited)
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Placement in Short term holding
Placement in Long term holding
Adoption
Sale without Reservation
BLM and FS have been given ample opportunity
to change their approaches.
While we explore replacements for them, and
we explore new strategies, the tough truth is
that we will have to keep doing what we have
been doing.
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The requirement that there be “final agency action,”
i.e. discreet agency action, is an impediment.
The Supreme Court has held that you can’t bring a
suit to challenge the entire program of an agency.
Due to separation of powers concerns, courts do
not sit as overseers of agency programs.
 There is hope, however. Courts do review agency action, i.e.
roundups and treatment of wild horses and burros on a case by
case basis. BLM and FS are just like any other agencies whose
treatment of animals can be challenged, reviewed, and set
aside.
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With each case brought:
◦ A body of law is developed to assist courts down the road
in deciding which decisions to remove wild horses from the
public lands are “arbitrary and capricious” and which are
supportable.
◦ This body of law familiarizes courts with the Wild Horses
Act and surrounding issues and makes them more
comfortable reviewing and setting aside decisions to
remove wild horses.
 Courts often have to be presented with an argument five or
more times until they see its reasoning, adopt it and make it
their own.
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Continue to comment on land use plans and
herd management area plans;
File Freedom of Information requests to
monitor handling of horses post removal
“Adopt a herd” – regularly visit a herd, learn
what land/water/development issues impact
the herd/follow treatment of the herd,
consult experts to develop alternatives to
removal
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Remove wild horse and burro specialists and field
managers who consider these animals to be
management “problems” or view them as non-native
wildlife.
Replace them with persons knowledgeable about wild
horse behavior and needs.
Require wild horse and burro specialists and field
managers to actually observe, study and know wild
horse family bands and members, seasons of use of
herd areas, migratory patterns.
Require annual accounts of births and deaths.
Require removals to be the option of last resort.
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Adhere to standards of equine care that caring
horse owners provide:
• No strenuous exercise when temperature/
humidity can cause suffering
• Provision of anesthesia/analgesics before, during
and after gelding
• No early weaning/separation of dams and foals
• No forced strenuous exercise of foals, weanlings
and yearlings
• If removed, provide horses with permanent
access to water and hay that is most similar to
current diet