Saturday, January 29, 2011

Writers on the Range: War of the West; The Sequel


A manufacturer has issued a voluntary recall of horse feed that was distributed in California, Nevada and Oregon because it may contain a medication that can be fatal to horses if fed at high levels.

Missouri-based MANNA PRO PRODUCTS announced Friday it is voluntarily recalling FAMILY FARM COMPLETE HORSE 10 HORSE FEED, LOT NUMBER 1006 because it may contain potentially harmful levels of the medication MONENSIN SODIUM, or RUMENSIN.

The feed was distributed January 11 through January 21 to retailers in these three states. No illnesses or deaths have been reported and retailers have removed it from their stores, but the company says customers who purchased the product should STOP FEEDING IT IMMEDIATELY.

Monday, January 24, 2011

Project Noble: Mustangs on Border Patrol

Ely FOIA Request: Filling in the Blanks

Can you help? Need to know
1. How many Trailer Licences / Shipping Manifests
2. How many Brand Inspection Clearance Certificates
3. How many Border Crossing Stamps
4. How many receipts (into Ridgecrest Facility, ...Ca.)
What I am trying to show is
a. The number of trucks loaded
b. The number of trucks crossing borders / how many border crossing stamps
c. The number of horses received at Ridgecrest Facility
Start here on DOC 4:



KENNETH SALAZAR, Sec. of the United States Dept of the Interior,


Plaintiff’s Response to Defendants Motion to Dismiss Complaint

and Plaintiffs Motion to Compel Preparation of a Vaughn Index

Plaintiff CHRISTINE A. JUBIC, in Response to Defendants Motion to Dismiss my Complaint, object to same on the following grounds;


(a) That the documents provided to me by the Defendants in reply to my FOIA request are incomplete, contradictory and confusing and are woefully inadequate to acertain the information asked for and needed in order to determine the fate and/or whereabouts of the wild horses and burros removed from the Ely, Nevada ranges during the 2009 gather season, and

(b) That the documents so provided show that over 600 wild horses were loaded onto ______trucks for shipment to California, but the documents show evidence of only ______trucks crossing the border into California and only _____ document evidencing receipt of ______horses at the Ridgecrest Facility in California facility, where is is alleged by BLM that ALL 600+ horses were shipped to.

(c) Defendants fail to claim any valid reason for dismissal of my Complaint


2. Plaintiff moves this Court for an order requiring Defendant to provide within 30 days after service of this motion, an itemized, indexed inventory of every agency record or portion thereof responsive to Plaintiff’s request which Defendant asserts to be exempt from disclosure, accompanied by a detailed justification statement covering each refusal to release records or portions thereof in accordance with the indexing requirements of Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

(a) As evidenced by the Index of Documents provided to me by the Defendants in way of a reply to my FOIA request, Defendants are claiming the following documents are exempt from disclosure;
Document # 27: BLM Contracting / Caliente Gather Contract / Purchase Requisitional Order & KG Livestock Invoices (11 pgs)
Document # 34: GG, SR & WR KG Livestock Statement of Work, Invoices, and contracting documents (11pgs)
Document # 39: KG Livestock Award / Contract
(b) The reason given for said non-disclosure is stated for these documents as such;
"Withheld to Consult with Contractor regarding the release of pricing information"
(c) Plaintiff respectfully submits that these document packets are being wrongfully withheld as they are the kind of documents kept during the course of regular BLM business and Plaintiff further submits that even the pricing information on these government contracts is disclosable under the U.S. FOIA laws.
(d) Plaintiff suspects that the documents being withheld "hold the secret" to the whereabouts of many of the un-accounted for horses that were loaded onto trucks but have no records of being delivered anywhere. Plaintiff suspects that alot of these horses are being sold outright to the contractors who are also in the rodeo / bucking horse breeding business.
WHEREFORE, Plaintiff respectfully requests that the Court deny Defendants Motion to Dissmiss my Complaint and that an Order be issued compelling them to release the withheld documents, or in the alternative, to more fully defend their reasons for so withholding.

Respectfully submitted,

Christine A Jubic, Plaintiff, Pro Se
118 River Rd. 1st Fl.
Johnsonville, NY 12094
(518) 753 - 7791

Sunday, January 23, 2011

Plaintiff's Response to Defendant's Motion to Dismiss Complaint and Plaintiff's Motion to Compel Defendants to Provide a Vaughn Index

I will be working on this document over the next couple of days. Its in regards to the FOIA request I sent to BLM in attempt to find out what happened to the 680 wild horses removed from the Seaman, Golden Gate, White River and Caliente Herds in the summer and fall of 2009.

Some of you had volunteered to help review the volumous (but useless) documents they have provided to me by way of answer, and I thank those of you who have given feedback on them already. If you are one of the reviewers who have not given your input yet, now would be the time to do it, and I would appreciate it if you would. You know who you are, and that I value your opinions.....Val & Cindy this means you!

Again, thanks to all the rest.

Thursday, January 13, 2011

A Call for Prosecution of the Ranchers that Killed the Hearst Zebras

Run-a-Way Zebras from Hurst Ranch Killed by Ranchers Who Wanted Skins for Rugs

The Associated Press reports:

Three zebras that escaped last week from the Hearst Ranch (a stallion, his mare, and a weanling;)
were shot to death by neighboring ranchers who say the animals threatened their horses and cattle.

David Fiscalini, owner of the Green Valley Cattle Company, said he shot two of the zebras because they were chasing seven horses on his property about 10 miles from the Hearst Ranch.

After shooting the animals, Mr. Fiscalini took them to a taxidermist to have their hides tanned; he said he did not want to waste them.

via the New York Times;

In a related story filed by the Los Angeles Times:

“You can’t believe the controversy,” said Rosemary Anderson, whose husband is the taxidermist that handled the zebras.

“It breaks my heart to see it killed, because it’s wanton waste,” she said. “It’s very sad that it wasn’t handled in a different manner, but this rancher felt that was he taking care of his property and getting rid of a predator.”

A predator? Zebra?

Living 10 miles from Heart Castle, where did he think these highly dangerous predator Zebra came from? Surely cattlemen aren’t that stupid. Well, everything looks like meal to a cattle rancher I guess.

The article continues:

Stephen Hearst, the great-grandson of William Randolph Hearst, said he was shocked to learn about the killings.

He said the zebras rarely venture outside the fence that surrounds the Hearst Ranch, “but from time to time they do, and neighbors give us a call and we retrieve them.”

Here are couple more points made in another Associated Press story:

“Neighbors are usually there to help their neighbors, not shoot their zebras,” Hearst said. “It’s a shame they took that action.”

But Fiscalini said there wasn’t time. It’s branding time on his ranch, and replacing a horse that might have been injured in a clash with the zebras would have cost him tens of thousands of dollars, he explained.

via San Francisco Chronicle’s >>


You will see from the opening images of this video the Hearst zebra grazing contentedly among cattle;

The poor unsuspecting zebra did not know when they unwittingly joined cattle on neighboring land they would be immediately shot on sight. The zebra were probably excited to see the horses and were just having a game. What a deadly game it turned out to be. And we agree. Wanton waste indeed.


Update: Outrage Continues;

Monday, January 10, 2011

Share Your Mustang Adoption Story for a New Book

New Fund Raising Book Celebrates Successful
Mustang & Wild Burro Adoptions
and We Want to Share Your Story!

Whitehall Publishing is producing a new, full-color coffee-table book entitled, Our Captured Hearts under the direction of American Poet, Barbara Dunne and we want you to be a part of it. Barbara Anne Dunn is a life-long horse lover and a specialist in equine welfare. "Although I still assist in the rescue and rehabilitation of horses on a networking basis, I now direct my efforts and energies in a wider sphere so that more horses can be helped, and to most effectively help equine rescue and welfare organizations and individuals." Barbara has dedicated many years of her life to helping horses in need and her book, Our Captured Hearts, is the most recent path Barbara has chosen to help Mustangs and Wild Burros in need and we want you to be a part of this amazing fund raising project!

The book will celebrate successful adoption stories of Mustangs and wild Burros sent in from individuals around North America and as a result, encourage others to consider adoption. We will also include advertisements for non-profits and other businesses who focus on helping Mustangs and wild Burros. In addition, we will showcase Barbara Dunne’s wonderful equine poetry and the book will become a fund raising tool to help offset the cost of caring for the Mustangs and wild Burros who are waiting for their forever homes.

We want you to be a part of this amazing fund raising project to help the Mustangs and wild Burros of North America. If you have successfully adopted either a Mustang or wild Burro and would like to share your encouraging story and photos with the world, visit for all the details. This is a world class, fun, fund raising project and we want every individual who has a successful adoption story to join us. Please forward this e-mail to everyone you know who has successfully adopted either a Mustang or wild Burro.

For all the details on this wonderful fund raising project, Visit
or e-mail

BLM's PZP Program

You can see the PZP "brands" on these chestnut horses

Instructions for administering;

Permission from photographer must be granted prior to sharing this photo

Tuesday, January 4, 2011

Respect4Horses Press Release: The Summit

For immediate release:

In response to the Horse Summit organized by horse breeders and supporters of new horse slaughter plants in America, Horse protection Organizations will come together in Las Vegas as well, on Jan 4th and Jan 5th.

It is bad and getting worse, says Simone Netherlands, a natural horse man ship trainer from Arizona, and founder of Respect4Horses Organization. She will be speaking at the horse protection organization’s Press conference at 11.30 am on Tuesday Jan 4th, at the conference room in the Enterprise Library in Las Vegas.

Respect4Horses and over 20 other animal rights and horse protection organizations contend that the slaughter of horses for human consumption is not only a brutal and barbaric practice, but also a practice that would endanger people’s health and well being, because of the drugs that are commonly used in horses, such as phynylbutazone (bute) and dewormers, which the European Union has found to be carcinogenic to the human body. The drugs can cause cancer, Alzheimer, liver disease and birth defects.

Currently, in spite of the new European Union rules, over ten thousand American horses per month, (according to the USDA) are still crossing our borders to be slaughtered by stabbing and shotgun methods, in Mexico and Canada.

The ban on horse slaughter H.R. 503 and S.727, would have made the export of horses for the purpose of slaughter for human consumption illegal. The bill in the 110th congress had 167 co-sponsors in the house and 28 co-sponsors in the senate but was never voted upon.

Horse advocate groups agree with the pro-slaughter organizations that we have an overpopulation problem of horses, but say that the problem is caused by over breeding, not by the closure of horse slaughter plants in America, as the numbers of horses slaughtered haven’t changed and are determined by the demand for horse meat abroad.

Why do breeders continue to breed even while the horse market is so over saturated? Asks Simone Netherlands. “Just like the housing industry over saturated itself and collapsed, the horse breeding industry is self destructing and bringing down horse values, and horse slaughter is their bail out.”

Simone Netherlands further states: We are distraught that over 30 million dollars in breed incentives will again be distributed to breeders of race horses and quarter horses this year, which further encourages irresponsible lottery breeding practices.

Respect4Horses proposes to turn at least parts of these funds into gelding funds, humane euthanasia funds and funds for horse rescues, as apposed to breeding incentives.

The Bureau of Land Management (BLM) estimates it has nearly 12,000 more wild horses on its lands than the range can support, however at the same time the BLM is leasing grazing permits to allow over 3 million cattle to graze on these same lands. BLM representatives will also be attending the Summit of the horse. There are currently more wild horses in holding facilities than there are left in the wild.

Respect4Horses states that the overpopulation of wild horses is a myth and that there are currently only 25,000 wild horses left who are in fact in danger of extinction if the BLM does not stop their aggressive roundup schedule for the coming years. Reports from horse advocates claim that as soon as 2 years from now, America will not have any genetically viable and untouched wild horse herds left.

We do not want our tax dollars spent on these expensive, inhumane and completely unnecessary roundups of our national treasures, states the founder of Respect4horses, and to even think of slaughtering them is simply unacceptable.

Respect4Horses press conference will take place at the Enterprise Library at 11.30 am, Las Vegas, Tuesday Jan 4th. Media kits and lunch will be provided to reporters.

BLM Named Liable in Desert Race Disaster

Parents of victim of the race car crash that killed 8 people on BLM land in the California Desert last summer are suing the promoters of the race as well as the BLM for their (negligent) Faulty permitting process.

Summit of the Horse / Day One

Sunday, January 2, 2011

FLPMA Demands Fair Market Value for Use of Public Lands

Sec 102 (a) 9;
"The United States receive fair market value of the use of the public lands and their resources unless otherwise provided for by statute."

Wondering where is the statute, if any, that says grazings fees are to be kept below fair market value?

Full text of FLPMA;

Saturday, January 1, 2011

Churchill County Commissioners to Meet Monday: Grazing Rights, Water, on Agenda

The Churchill County Commissioners (Fallon, Nv.) will meet on Monday for a regular scheduled meeting at 8:15 a.m., to discuss or act on the following:

• New elected officials will be sworn in, and there will be a review and update of the board officers and assignments.

• Appointments include a public hearing for a proposal to install a solar and parking structure at the Churchill County Fairgrounds; appointment to the Advisory Board to Manage Wildlife; appointment to the Board of Equalization; request to continue meteorological study of Bango Oil; interlocal contract with the State of Nevada, Community Health Nurse Program for fiscal years 2012-13; and parcel map for a Geothermal Resources Industrial Park.

• Letters include The Bureau of Land Management's request to be notified of Churchill County's desire to remain on the mailing list for grazing related issues and the U.S. Department of the Interior, Bureau of Reclamation provides notification of approval for Churchill County to proceed with construction for the release of treated effluent throughout the Newlands Reclamation Project into the Stillwater National Wildlife Refuge.

• New Business consists of a resolution approving the selection of Robert List with the law firm of Kolesar and Leatham as counsel for Churchill County in the Nuclear Regulatory Commission Licensing Proceedings and adoption of a proclamation declaring January of every year as Radon Action Month in Churchill County.

• Consent items include Captain Rinehart Wilke of the Naval Air Station Fallon writing to the city of Fallon concerning the recycling program partnership between the two agencies; the BLM provides notification of its public consultation concerning the transfer of grazing preference for the Kingston, Trail Canyon and Wildcat Allotments; the BLM solicits public comments for the Eagle Butte Wildlife Habitat Enhancement Project; and the Nevada Division of Environmental Protection provides notice of its public hearing regarding the renewal of Class II Air Quality Operating Permit for Bango Oil, LLC.

• The commissioners will also meet for a joint workshop with the Lahontan Valley Environmental Alliance and Public Lands Working Group on Wednesday at 6 p.m., at the administration building, suite 145 to discuss and recommend possible actions for public lands.

Fallon City Council

• The Fallon City Council will meet on Tuesday at 7 p.m., at City Hall, 55 W. Williams Ave., for a regularly scheduled meeting to discuss or take action on a liquor license request.

All items were not included in this summary. For agenda, visit

****Nevadas Wild horse advocates and/or orgs. should go to this meeting SCREAMING about BLM providing h2o for wildlife but NONE for wild horses (and burros). How many do you think will show?