Cross-posted from Wild Horses & Renegades
WRITTEN BY JAMES KLEINERT
The film Wild Horses and Renegades has generated a federal lawsuit, Kleinert v. Salazar, challenging the recent Disappointment Valley helicopter roundup based on violations of the 1971 Free Roaming Wild Horse & Burro Act, the National Environmental Policy Act (NEPA), and the U.S. Constitution.
The legal strategy focuses on staying in court post-roundup. Federal lawsuits against the BLM under the 1971 Wild Horse Act are rare and recent, and this area of the law is literally developing by the day. Most lawsuits are dismissed for lack of standing and mootness. The Kleinert case is unique and should withstand dismissal. This is because the volunteer group is able to return captured horses back to the larger range they inhabited 1971, so the herd can repopulate to a higher, genetically sustainable size
Since the captured Disappointment horses can in fact be returned to the range thanks to community support, the court can grant this relief, which means the case should withstand dismissal and the plaintiffs can stay in court post-roundup.
This will be a rare opportunity to create new law. It could be a game changer for the American wild horse and its advocates.
Continue reading http://theamericanwildhorse.com/kleinert-vs-salazar/ >>
If you would like to learn more about the lawsuit, please go to the BLM Lawsuit page.
Tuesday's Horse 
Who holds the Water Rights in the areas I mentioned, and what’s their prority?
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Was “the larger area” a declared Herd Management Area or Herd Area when the census was done, probably several years after 1971? Does it involve the Wilderness Study Area? Would Paradox, with it’s uranium pollution, be part of the expansion? Are there maps? The BLM Geocommunicator Interactive Map shows HMAs and HAs (including those that never were or are no longer managed for wild horses and burros) in a number of other states, but not Colorado.
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Where is Disappointment Valley
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Colorado. You can read more about the area here http://www.blm.gov/co/st/en/fo/sjplc/wild_horses.html
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Colorado. You can read more about the area here http://www.blm.gov/co/st/en/fo/sjplc/wild_horses.html
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Yes ! This could be great news for our horses ! The BLM is not above the law!
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[…] changer for wild horses Posted on July 31, 2012 | Leave a comment Posted by VGFarrell on Jul 31, 2012 in Wild […]
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Yes its about time, we all just have to keep making alot of noise, and getting folks informed who never had a clue about wikd horses or slaughter, and other issues.
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I am praying this will happen. As you say, IT’S ABOUT TIME!!!
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Vivian, Thank you very much for your support. Our attorney Diane Wolfson is looking for financial support to continue her important work on Kleinert vs. Salazar. Diane can be reached at wolfson@telluridelaw.com. Thank you very much for your support, James Anaquad Kleinert – Director Wild Horses & Renegades
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Praying!!
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Let’s hope this will change the playing field all around for the wild Mustangs. I’m hoping and praying.
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We are too, Ann. We are too. It’s about time the winds of change, and compassion, blow the way of these magnificent beings and icons.
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