by Laura Allen
Dec. 3, 2009: The plaintiffs, In Defense of Animals and wildlife ecologist, Craig Downer, have filed a motion for an injunction in their lawsuit alleging the proposed roundup and removal of up to 2,500 wild horses or more from the Calico Mountain Complex in Nevada, violates the Wild Free Roaming Horses and Burros Act, 16 U.S.C. Sections 1331 et seq.
A hearing is set December 16.
BLM announced yesterday, Dec. 2, that it will proceed with the Calico roundup on Dec. 28 despite the more than 10,000 comments received during the public comment period which closed barely more than a week ago. Of course, whether BLM proceeds with its plans depends on U.S. District Judge Paul L. Friedman who will decide the plaintiffs' motion for an injunction.
The massive roundup and removal of thousands of wild horses from the Calico herd areas was originally set to begin on Dec. 1, but after this lawsuit was filed, the U.S. Department of Justice ordered a delay until December 28. Also, the BLM had announced the roundup before the public comment period closed and before it had even issued a formal decision or complied with the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321, et seq. NEPA requires the agency to prepare Environmental Assessments or EAs or, if indicated, Environmental Impact Statements (EIS) or Finding of No Significant Impact (FONSI), for any proposed changes to public lands that may have a significant environmental impact. The law directs the agency to identify environmental concerns, consider alternatives including no action at all and take a "hard look" at the problem and minimize significant environmental impact. A significant environmental impact includes actions that are likely to be highly controversial or have uncertain effects on the quality of our lives and that affect cultural and historical resources. 40 C.F.R. §1508.27(b).
