On Jan. 4, 2016, The Cloud Foundation (TCF), the American Wild Horse Preservation Campaign (AWHPC), Return to Freedom, and Virginia Marie Hudson filed a lawsuit in the Idaho District Court against the Bureau of Land Management (BLM), charging that the agency’s plan to permanently sterilize the entire herd of wild horses in the Saylor Creek Herd Management Area (HMA) violates the Wild Free-Roaming Horses and Burros Act of 1971 (“Wild Horse Act”) and the National Environmental Policy Act (NEPA). The sterilization plan was approved as part of the BLM’s Jarbidge Resource Management Plan (RMP), which was finalized on September 2, 2015.
On September 4, 2015 a lawsuit was filed in the United States District Court for the District of Columbia against the Bureau of Land Management (BLM) by The Cloud Foundation (TCF), Wild Horse Freedom Federation (WHFF), The Colorado Wild Horse and Burro Coalition (CWHBC), Dr. Don Moore, Ms. Toni Moore and Barb Flores to block the removal of all horses from the West Douglas Herd Area (WDHA), and a significant number from the Piceance East Douglas Herd Management Area (PEDHMA).
On June 16, 2014, The Cloud Foundation, American Wild Horse Preservation Campaign (AWHPS), Return to Freedom, photographer John Steele and wild horse advocate and TCF Board Member, Lisa Friday, file a motion to intervene in a LAWSUIT filed by the Western Rangeland Conservation Association and Utah ranchers against the Bureau of Land Management (BLM). The lawsuit seeks to compel the BLM to immediately roundup hundreds of wild horses in Iron and Beaver Counties so that the ranchers can graze their livestock on public lands in the area.To Read Legal Documents and Press Releases
This lawsuit was brought forth because of BLM's decision to roundup the Pryor Mountain herd in September of 2009. Attorneys Valerie Stanley & Bruce Wagman continue to work hard on this case, which seeks to raise the appropriate management level of the herd (now stands at 90-120 horses). The Forest Service currently denies wild horse use in the Custer National Forest and erected a 2 mile-long fence to block the horses from using that crucial grazing ground. Plaintiffs for the case are the Cloud Foundation, Front Range Equine Rescue, & Carol Walker.You can DONATE to CLOUD'S LEGAL FUND To Read Legal Documents and Press Releases
On August 1, 2014, The Cloud Foundation, American Wild Horse Preservation Campaign, Return to Freedom, Carol Walker, Board Member of Wild Horse Freedom Federation and Kimerlee Curyl filed a lawsuit to stop BLM's proposed roundup of more than 800 wild horses from the Adobe Town, Salt Wells Creek and Divide Basin Herd Management Areas in Wyoming. The roundup had been scheduled to begin on August 20, 2014, but has been postponed as a result of the lawsuit until at least Sept. 1.
September 10, 2014: The Court of Appeals denied our emergency motion (see below). The Court did not address any of our arguments but simply issued a one sentence decision stating that “We conclude that Petitioners-Appellants have not shown that the balance of these factors favors granting the motion.”
Even though both the District Court and the Tenth Circuit denied the emergency motions seeking to stop the roundup in the Wyoming Checkerboard, the case will still proceed to merits after the roundup occurs.
On March 3, 2015, U.S. District Court of Wyoming Chief Judge Nancy D. Freudenthal issued an order stating that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) when it conducted a massive “Checkerboard Roundup” last fall. The Court remanded the NEPA violation back to the BLM to "remedy the deficiencies" while at the same time denied Plaintiffs' claims that the BLM, in the Wyoming roundup, violated the Wild Free-Roaming Horses and Burros Act and the Federal Land Policy and Management Act (FLPMA).
For Legal Documents and Press Releases
Motion for Preliminary Injunction and Temporary Restraining Order - 9/4/15
Plaintiff’s Memo in Support of Preliminary Injunction and/or Temporary Restraining Order
Judge's Order to Report
Affidavit of James Sparks - 8/31/2009
Memorandum In Reply to BLM's Opposition to Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction - 9/1/2009
Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for a Temporary Restraining Order - 9/1/2009
Pryors Opinion and Order - 11/19/2013
Notice of Appeal - 4/21/2014
Motion for Temporary Restraining Order and/or Preliminary Injunction
Memorandum in Support of Motion
Opposition to State of Wyoming's Motion to Intervene
Emergency Injunction - 8/28/2014
Denial of a Motion for a Preliminary Injunction - 8/28/2014
Appellants' Rule 8(a) Emergency Motion for an Injunction Pending Appeal - 9/2/2014
Order Vacating Order to Grant Emergency Stay - 9/3/2014
Decision Denying Emergency Motion - 9/10/2014
Notice From Government Regarding Roundup - 10/14/2014
Declaration of Gavin Lovell - 10/14/2014
Motion to Intervene 1/5/2015
Petitioner’s Reply Brief 2/3/2014
Memorandum Decision and Order Affirming BLM's Actions Under WHA and FLPMA and Remanding BLM's Actions Under NEPA 3/3/2015
Petitioner's Opening Brief 11/20/15
Law Professors Amicus Brief 11/27/15
Order Granting Motion to Intervene
Opposition Motion to Intervene
Reply Support of Motion to Interven
Motion for Judgement on the Pleadings, filed 10/21/14
Reply to Opposition to Motion for Judgement on the Pleadings, filed 12/5/14