Meduna found guilty; but what about the Others?
January 20, 2010
Commentary by: R.T. Fitch, author of “Straight from the Horse’s Heart“
HOUSTON (SFHH) – It’s not very often that out there amongst all the troubled waters of bad news a small blurb of good news and triumph bobs about and is visible to those who are searching for it. There was just such a little victory that rose to the surface, last week. Long awaited justice was served and a very, bad man was found guilty and will be held accountable to pay the price; that man is Jason Maduna.
The horses won a victory last week and they win so very few. Meduna, a cruel and inept keeper of the lives of over 200 formerly wild mustangs was found guilty of 145 class 4 felony animal abandonment and cruel animal neglect charges resulting in injury or death to the very horses he purported to love and train.
The piles of dead horses on his property were sickening, the whitened bones laying in the fields were straight out of a horror novel and finally justice was served with sentencing coming next month.
So Meduna is going to pay the price; it’s been a long time coming and a lot of human blood has been shed along with the horse’s in bringing this murderer to justice, but there still begs a very important question, something murky and foggy just outside the ability to focus upon; What about the others?
Meduna did not act alone he had not only his wife but a support group of people who slowly watched these horse’s once healthy bodies begin to eat themselves from the inside out and eventually die. Where are all of these people now?
We know where all the good people are. We know of the professional rescue groups and volunteers who heeded the call and came to help. We heard the testimony of shocked owners who thought their mustangs were living out their lives as close to wild as they could. We have all seen the rehabbed and healthy survivors go to either new homes or quality sanctuaries where their bodies can recover although their minds and souls may never heal. We know where all of these good folks are.
But where is that coven of “Jason Worshipers” who clawed and cried that the horses would be okay if left on the ranch if only Jason would be given a chance? Where are all of the members of Jason’s group who rallied around him as the bodies were being buried and said that it was not his fault and that the neighbors were poisoning the horses? Where are the half-baked “Wild Horse” experts who said that the horses had some strange, equine disease and that the rescuers would spread the illness across the U.S.? Where is Jason’s wife who watched the horses die a horrible death? Where are all of these co-conspirators and why did they not rush to his aide at his trial? Probably, no good press to be had. (It’s all about egos, you know.)
Meduna’s wife, Anissa, was fined, shortly after Meduna’s arrest, $325 for treating an adopted wild horse inhumanely.
“ Whoopee”. She lived right on the property and she didn’t have a clue that 70 wild horses and burros were dead and all the rest dying? Someone had to help Meduna stack the bodies. Why does she get off the hook and move on to damage more animals?
What about the members of Meduna’s group who backed him in this deadly project. Some jumped up and down and impaired the ability of rescue operations while others quietly tiptoed away, hoping that no one would notice. Several of these individuals ranted and raved for months before disappearing off into the shadows, but why were they not held accountable? Why did they not pay the price?
Where was the supportive testimony of good buddy, self-proclaimed wild horse expert, Ray Fields. Fields immediately came to Meduna’s aid and when the “poison” theory fell flat Fields concocted the “‘mysterious illness” lie which to this very day, he flashes about on his website. While Meduna was in trial, Fields hid under a rock and threw pebbles at the good folks telling them that it was the fault of the BLM, HSUS and professional rescues for causing all of the problems. To this day, ole Fields is tempting a law suit with such ridicules accusations. But where was he, besides hiding, doesn’t he deserve to take a sound thrashing for promoting the death and mistreatment of these wild horses?
And how about the biggest Boggy Man under the bed, the Bureau of Land Management (BLM)? If not for their continued, unjustified decimation of our wild horse herds the horses would have never been in this prison hellhole in the first place. Why are their policies and procedures not under scrutiny? Why are they not being prosecuted for failure to inspect/perform and where were they after all of this broke open? Should they have not taken a lead role as it was their program that had failed? Why was it left up to volunteers to do all of the work, to take all of the financial risk and pay all the bills? They created the problems so why were they allowed to turn their collective backs and shrug off accountability, again?
I don’t know about you, but I am pleased as punch to know that the horses finally won one and that the cries from across the bridge were heard by an astute jury. But somewhere, somehow there is still that nagging concern and feeling of frustration that the entire issue was not confronted and by not being resolved and made right, there will be other horses to suffer at the hands of those who got away and slipped off into the darkness.
Although the horses won a victory; it appears that there are a lot more questions left unanswered than answered surrounding the case of 3-Strikes Ranch, Jason Meduna and the wild mustangs that died while others watched. In hindsight, it makes my blood run cold.
Saturday, January 23, 2010
How to Break a Wild Horse(s)(Spirit) in 15 Seconds Flat
Click on title above to see Oklahoma Prison Rodeo Horse (and cow) cruelty vid
SalaCzar, Rancher, Writer, Wild Horse Hater
Opinion
At home on the range
Making room for America's wild horses requires balance.
By Ken Salazar
January 14, 2010
Since Spanish conquistadors brought horses to the American continent four centuries ago, the majestic animals that once roamed wild on our nation's great prairies have endured dramatic changes in the American landscape. The grasslands of the Midwest gave way to farms. Barbed-wire fences closed the ranges of Texas. Western cities grew and suburbs sprawled.
Having lost much of their range, wild horses teetered on the verge of disappearing in the 1960s, prompting Congress to pass the Wild Free-Roaming Horses and Burros Act of 1971, which established new federal protections for the animals. Over the last four decades, the Bureau of Land Management has helped wild horses thrive and populations recover on the arid expanses of public lands in the West.
Though an American icon is again flourishing, the job of restoring the health of wild horse herds is far from complete.
Without natural predators, wild horse populations have grown beyond the carrying capacity of the sensitive and sparse lands on which they live, causing damage to ecosystems and putting them at risk of starvation. As a result, federal managers must move thousands of wild horses each year off the range to pastures and corrals, where they are fed, cared for and put up for adoption.
The current situation is unsustainable.
The American people expect the health of their lands and watersheds to be protected, and it is unacceptable to allow wild horses to be malnourished on inadequate ranges. Yet no one wants to see them gathered and moved off Western ranges. Moreover, the status quo comes with a steep price tag. The federal government spends more than $60 million a year on the wild horse and burro program, of which $35 million goes to the care and feeding of the horses.
A broad range of animal rights organizations, conservationists and Western communities agree that we cannot continue down the current path. We must change course.
I agree.
However, if we are to succeed in restoring the health of wild horse herds, we must choose our new path wisely. To allow wild horse herds to grow beyond the limit of the range -- as some wild horse advocates and celebrities are arguing -- is not realistic, humane or environmentally responsible.
Instead, we need a comprehensive and balanced approach built on new partnerships, new thinking and new courage to tackle an issue that, unfortunately, has no easy solution.
First, we must control the growth of wild horse herds by humanely applying fertility control to wild horses on the range. We can do so responsibly and at a reasonable cost.
We must elevate the stature and care of wild horse herds that will sustainably live on Western ranges for generations to come. As Interior secretary, I am examining ways we can better showcase special herds in signature areas of the West to provide eco-tourism opportunities and provide them greater protection.
We must identify and restore new habitat where wild horses could be returned. Some of the prairies and ranges outside the West -- places where forage is rich and where wild horses once wandered -- could become sanctuaries for the animals. I have proposed that through partnerships with the private sector, stakeholders and local communities, we establish new sanctuaries in the Midwest and the East, where healthy horse herds could return.
Finally, we must recognize that the federal government alone cannot restore the health of wild horse herds. We need citizens to help. We want Americans to visit their public lands where horses roam, to help us care for these magnificent animals, to share their ideas with us and to help us find citizens and animal lovers across the country who will adopt wild horses and provide healthy, happy homes for them.
Growing up in Colorado's San Luis Valley, where my family has farmed and ranched for five generations, I learned that preserving the health of our land and wildlife requires collaboration, patience and courage. Demonizing others in the ways that some advocates have recently demonized federal land managers is neither reasonable nor productive.
We are all seeking to restore the health of America's wild horse herds and ranges. Let us find common ground and humane, environmentally sound solutions on our public lands.
Ken Salazar is the secretary of the Interior.
Click on title above for full article and place to comment;
http://www.latimes.com/news/opinion/commentary/la-oe-salazar14-2010jan14,0,5245332.story
At home on the range
Making room for America's wild horses requires balance.
By Ken Salazar
January 14, 2010
Since Spanish conquistadors brought horses to the American continent four centuries ago, the majestic animals that once roamed wild on our nation's great prairies have endured dramatic changes in the American landscape. The grasslands of the Midwest gave way to farms. Barbed-wire fences closed the ranges of Texas. Western cities grew and suburbs sprawled.
Having lost much of their range, wild horses teetered on the verge of disappearing in the 1960s, prompting Congress to pass the Wild Free-Roaming Horses and Burros Act of 1971, which established new federal protections for the animals. Over the last four decades, the Bureau of Land Management has helped wild horses thrive and populations recover on the arid expanses of public lands in the West.
Though an American icon is again flourishing, the job of restoring the health of wild horse herds is far from complete.
Without natural predators, wild horse populations have grown beyond the carrying capacity of the sensitive and sparse lands on which they live, causing damage to ecosystems and putting them at risk of starvation. As a result, federal managers must move thousands of wild horses each year off the range to pastures and corrals, where they are fed, cared for and put up for adoption.
The current situation is unsustainable.
The American people expect the health of their lands and watersheds to be protected, and it is unacceptable to allow wild horses to be malnourished on inadequate ranges. Yet no one wants to see them gathered and moved off Western ranges. Moreover, the status quo comes with a steep price tag. The federal government spends more than $60 million a year on the wild horse and burro program, of which $35 million goes to the care and feeding of the horses.
A broad range of animal rights organizations, conservationists and Western communities agree that we cannot continue down the current path. We must change course.
I agree.
However, if we are to succeed in restoring the health of wild horse herds, we must choose our new path wisely. To allow wild horse herds to grow beyond the limit of the range -- as some wild horse advocates and celebrities are arguing -- is not realistic, humane or environmentally responsible.
Instead, we need a comprehensive and balanced approach built on new partnerships, new thinking and new courage to tackle an issue that, unfortunately, has no easy solution.
First, we must control the growth of wild horse herds by humanely applying fertility control to wild horses on the range. We can do so responsibly and at a reasonable cost.
We must elevate the stature and care of wild horse herds that will sustainably live on Western ranges for generations to come. As Interior secretary, I am examining ways we can better showcase special herds in signature areas of the West to provide eco-tourism opportunities and provide them greater protection.
We must identify and restore new habitat where wild horses could be returned. Some of the prairies and ranges outside the West -- places where forage is rich and where wild horses once wandered -- could become sanctuaries for the animals. I have proposed that through partnerships with the private sector, stakeholders and local communities, we establish new sanctuaries in the Midwest and the East, where healthy horse herds could return.
Finally, we must recognize that the federal government alone cannot restore the health of wild horse herds. We need citizens to help. We want Americans to visit their public lands where horses roam, to help us care for these magnificent animals, to share their ideas with us and to help us find citizens and animal lovers across the country who will adopt wild horses and provide healthy, happy homes for them.
Growing up in Colorado's San Luis Valley, where my family has farmed and ranched for five generations, I learned that preserving the health of our land and wildlife requires collaboration, patience and courage. Demonizing others in the ways that some advocates have recently demonized federal land managers is neither reasonable nor productive.
We are all seeking to restore the health of America's wild horse herds and ranges. Let us find common ground and humane, environmentally sound solutions on our public lands.
Ken Salazar is the secretary of the Interior.
Click on title above for full article and place to comment;
http://www.latimes.com/news/opinion/commentary/la-oe-salazar14-2010jan14,0,5245332.story
Friday, January 22, 2010
BLM Runs Feet Off of a Foal at Calico Round Up
Two more horses were killed at the Fallon Facility in conjunction with the Calico roundup today. Based on the posted BLM report: The Cattoors/BLM ran the feet off a colt on Tuesday, let him stand for a day, then made him ride four hours in a trailer to Fallon where he was unloaded and then shot. At least two of his hooves had fallen off. This colt and his family may have been run by helicopter up to 14 miles on Tuesday. We don’t know how fast over rough volcanic rock and terrain this foal was run. Another mare was down in the trailer, arrived at Fallon alive and then died subsequently.
No members of the public were allowed to observe today and no one will be allowed to go to Fallon Facility until Tuesday, Jan. 26th. Calls were placed to both Assistant Director of Renewable Resources & Planning Ed Roberson and BLM Director Abbey by the Cloud Foundation in regards to the situation at the new Fallon facility. Calls were not returned.
The death toll is now up to six at the Fallon Facility. This absolutely unnecessary cruel winter roundup at taxpayer expense must stop. Please call on whatever connections you may have to help these wild horses
From BLM's website, 1/21/10 Calico Roundup Update
- Transported 118 horses to the Fallon facility on Wednesday. Plan to ship the horses remaining at the gather corrals to Fallon today. Continuing to dissemble the gather corrals and move to new location in the Calico HMA.
Mares coming into the Fallon facility are in poorer condition than stallions and weanlings/foals. About 30 mares from the Warm Springs HMA range in body condition from a 2.5 to 3.0. One mare that was down on the transport truck arrived at the facility alive, but subsequently died. One colt with multiple hoof sloughs from the capture was euthanized at the facility.
- About 20 to 25 horses at the facility have received treatment for various injuries or lameness and are recovering. There are no indications of infectious respiratory disease.
- The BLM has asked that wind breaks be installed at the Fallon facility, similar to ones that are at the Palomino Valley Center. The contractor will begin constructing wind breaks in 12 of the smaller holding/sorting pens which are used for sick or lame animals.
- Totals: 1,195 gathered, 1,074 moved to Fallon, 30 at gather corrals, 2 euthanized at gather site, 1 death pre-existing condition, 1 back to HMA.
- Fallon facility: 6 deaths
BLMs Vet Report for Deceased Foal;
BLM Vet Report
January 22, 2010
Black Rock East
History and Report on Sloughed Hoof Foal
This foal was received at the Indian Lakes contract holding facility from the Calico complex gather around 1/6/2010. He was fed and watered for a day and when noticed to be lame was removed from the general population and placed in a hospital pen. On 1/8/2010 this horse was treated with phenylbutazone (a non-steroidal anti-inflammatory drug) and penicillin (an antibiotic) for presumptive sole bruising and abscesses. No abscesses were noted at this time but there was some foot swelling suggesting hoof trauma. During the next 5 days the colt which was nine months old was fed and watered in the hospital pen and observed for body condition and lameness. He was retreated on 1/13/2010 with phenylbutazoneand penicillin. Sole abscesses and potential hoof sloughs were noted. Both hind feet were flushed with betadine (an antiseptic) and bandaged with gauze, antibiotic ointment and tape. The colt was slightly improved after treatment but over the next couple of days spent more and more time lying down. On 1/18/2010 the 2 hind feet were examined again. Multiple hoof sloughs were noted and the foal was euthanized for humane reasons. The cause of these hoof abscesses/sloughs was most likely hoof trauma from the gather operations.
Richard Sanford DVM
NV #565
No members of the public were allowed to observe today and no one will be allowed to go to Fallon Facility until Tuesday, Jan. 26th. Calls were placed to both Assistant Director of Renewable Resources & Planning Ed Roberson and BLM Director Abbey by the Cloud Foundation in regards to the situation at the new Fallon facility. Calls were not returned.
The death toll is now up to six at the Fallon Facility. This absolutely unnecessary cruel winter roundup at taxpayer expense must stop. Please call on whatever connections you may have to help these wild horses
From BLM's website, 1/21/10 Calico Roundup Update
- Transported 118 horses to the Fallon facility on Wednesday. Plan to ship the horses remaining at the gather corrals to Fallon today. Continuing to dissemble the gather corrals and move to new location in the Calico HMA.
Mares coming into the Fallon facility are in poorer condition than stallions and weanlings/foals. About 30 mares from the Warm Springs HMA range in body condition from a 2.5 to 3.0. One mare that was down on the transport truck arrived at the facility alive, but subsequently died. One colt with multiple hoof sloughs from the capture was euthanized at the facility.
- About 20 to 25 horses at the facility have received treatment for various injuries or lameness and are recovering. There are no indications of infectious respiratory disease.
- The BLM has asked that wind breaks be installed at the Fallon facility, similar to ones that are at the Palomino Valley Center. The contractor will begin constructing wind breaks in 12 of the smaller holding/sorting pens which are used for sick or lame animals.
- Totals: 1,195 gathered, 1,074 moved to Fallon, 30 at gather corrals, 2 euthanized at gather site, 1 death pre-existing condition, 1 back to HMA.
- Fallon facility: 6 deaths
BLMs Vet Report for Deceased Foal;
BLM Vet Report
January 22, 2010
Black Rock East
History and Report on Sloughed Hoof Foal
This foal was received at the Indian Lakes contract holding facility from the Calico complex gather around 1/6/2010. He was fed and watered for a day and when noticed to be lame was removed from the general population and placed in a hospital pen. On 1/8/2010 this horse was treated with phenylbutazone (a non-steroidal anti-inflammatory drug) and penicillin (an antibiotic) for presumptive sole bruising and abscesses. No abscesses were noted at this time but there was some foot swelling suggesting hoof trauma. During the next 5 days the colt which was nine months old was fed and watered in the hospital pen and observed for body condition and lameness. He was retreated on 1/13/2010 with phenylbutazoneand penicillin. Sole abscesses and potential hoof sloughs were noted. Both hind feet were flushed with betadine (an antiseptic) and bandaged with gauze, antibiotic ointment and tape. The colt was slightly improved after treatment but over the next couple of days spent more and more time lying down. On 1/18/2010 the 2 hind feet were examined again. Multiple hoof sloughs were noted and the foal was euthanized for humane reasons. The cause of these hoof abscesses/sloughs was most likely hoof trauma from the gather operations.
Richard Sanford DVM
NV #565
Thursday, January 21, 2010
BLM Seeks Public Comment on the Las Vegas Resource Management Plan Revision & EIS
The Bureau of Land Management (BLM) Southern Nevada District, Las Vegas and Pahrump Field Offices, are seeking public comments to identify issues and concerns that should be analyzed in a revision of the Las Vegas Resource Management Plan Revision (RMP) and Environmental Impact Statement (EIS). The planning area encompasses approximately 3.1 million acres of public land located in located in Nye and Clark counties, in southern Nevada.
The public scoping period for the RMP revision began with the publication of the Notice of Intent in the Federal Register on January 5, 2010, and will last until February 28, 2010.
Scoping meetings will be held in the following locations:
Tuesday, February 2, 2010 - Las Vegas - BLM Las Vegas Field Office
4701 N. Torrey Pines Drive, Las Vegas, NV
Wednesday, February 3, 2010 - Henderson - Henderson Convention Center
200 South Water Street, Henderson, NV
Thursday, February 4, 2010 - Mesquite - Mesquite City Hall Council
Chambers - 10 E. Mesquite Blvd., Mesquite, NV
Monday, February 8, 2010 - Pahrump - Bob Rudd Community Center
150 S. Highway 160, Pahrump, NV
Tuesday, February 9, 2010 - Beatty - Beatty Community Center
100 A Avenue S, Beatty NV
Wednesday, February 10, 2010 - Laughlin - Regional Government Center
101 Civic Way, Laughlin, NV
Thursday, February 11, 2010 - Overton - Overton Community Center
320 North Moapa Valley Blvd., Overton, NV
Each open house will begin at 5 p.m. and last until 8 p.m., with 10-minute informational presentations at 5, 6, and 7 p.m. The remainder of the meeting will follow an open house format, where participants can ask questions and visit various resource stations. Open houses will have several information stations that present information on key issues and the planning process. Attendees can learn about the RMP revision, ask questions, or provide written comments. A court reporter will be available to document oral comments, if individuals want to comment in that manner.
Comments may be submitted by mail or delivered to Bureau of Land Management, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130, Attn: Carrie Ronning; faxed to 702-515-5023, Attn: Carrie Ronning; or emailed to carolyn_ronning@blm.gov. All comments must be received by the BLM Southern Nevada District Office by 4:30 p.m. February 28, 2010, in order to be formally analyzed and included in the Scoping Report.
For further information on the proposed project, any public meetings or to have your name added to the mailing list, contact Carrie Ronning, Telephone (702) 515-5143 or by e-mail carolyn_ronning@blm.gov. You may also visit their website by clicking on title above;
http://www.blm.gov/nv/st/en/fo/lvfo.html.
The public scoping period for the RMP revision began with the publication of the Notice of Intent in the Federal Register on January 5, 2010, and will last until February 28, 2010.
Scoping meetings will be held in the following locations:
Tuesday, February 2, 2010 - Las Vegas - BLM Las Vegas Field Office
4701 N. Torrey Pines Drive, Las Vegas, NV
Wednesday, February 3, 2010 - Henderson - Henderson Convention Center
200 South Water Street, Henderson, NV
Thursday, February 4, 2010 - Mesquite - Mesquite City Hall Council
Chambers - 10 E. Mesquite Blvd., Mesquite, NV
Monday, February 8, 2010 - Pahrump - Bob Rudd Community Center
150 S. Highway 160, Pahrump, NV
Tuesday, February 9, 2010 - Beatty - Beatty Community Center
100 A Avenue S, Beatty NV
Wednesday, February 10, 2010 - Laughlin - Regional Government Center
101 Civic Way, Laughlin, NV
Thursday, February 11, 2010 - Overton - Overton Community Center
320 North Moapa Valley Blvd., Overton, NV
Each open house will begin at 5 p.m. and last until 8 p.m., with 10-minute informational presentations at 5, 6, and 7 p.m. The remainder of the meeting will follow an open house format, where participants can ask questions and visit various resource stations. Open houses will have several information stations that present information on key issues and the planning process. Attendees can learn about the RMP revision, ask questions, or provide written comments. A court reporter will be available to document oral comments, if individuals want to comment in that manner.
Comments may be submitted by mail or delivered to Bureau of Land Management, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130, Attn: Carrie Ronning; faxed to 702-515-5023, Attn: Carrie Ronning; or emailed to carolyn_ronning@blm.gov. All comments must be received by the BLM Southern Nevada District Office by 4:30 p.m. February 28, 2010, in order to be formally analyzed and included in the Scoping Report.
For further information on the proposed project, any public meetings or to have your name added to the mailing list, contact Carrie Ronning, Telephone (702) 515-5143 or by e-mail carolyn_ronning@blm.gov. You may also visit their website by clicking on title above;
http://www.blm.gov/nv/st/en/fo/lvfo.html.
"The News" Pays Its Dues to Wild Horses
Click on title above to see commentary from "The News" on our Nations Wild Horse and Burro situation, but BEWARE;
"Standing" to Sue: An Attorneys Assessment of my Case
Milt Toby is an attorney, author, photographer, golf rules official, and weight lifter with a lifelong interest and involvement in the horse industry. He grew up showing American Saddlebreds, then switched to hunters, dressage, and combined training. Milt worked at some of the country’s largest horse shows as a steward for the American Horse Shows Association (before the organization morphed into the United States Equestrian Federation), and he has attended equine events on six continents. The author of five books, including The Complete Equine Legal and Business Handbook and Ruffian, Milt is the current Chair of the Kentucky Bar Association’s Equine Law Section.
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One thing that strikes me about Mr Tobys accessment of my case against the BLM in Nevada is that he does not consider the fact (as did the judge) that I may have standing afterall. The issue is not my actual standing so much as the way my argument alleging standing was put together. My initial "standing" argument was badly formulated and weak,....and that was precisely why Judge Huvelle dismissed my case w/out prejudice (with leave to fix and renew)...and that 'fix" is still in the making with a projected re-submission date sometime in the early part of this new year --- No Standing? ROCK ON indeed.
This article by Mr Toby appears in "TheHorse" online magazine.
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Standing to Sue
You can sue anybody for anything, no matter how goofy the claim, so long as you can make your way to the court clerk’s office and pony up the filing fee. That’s what I tell students in my undergraduate equine law classes, and it’s true—up to a point. Securing a place on the court docket is easy, but it is only the first step in what may become a very complicated and time consuming legal process. Filing a lawsuit does not guarantee that you will win, or even that the dispute will be heard by a judge and jury.
A case in point involves the Bureau of Land Management’s controversial "gathers" of wild mustangs in Nevada. The BLM argues that the roundups are necessary to keep wild horse populations in check; opponents claim that the action unnecessarily threatens the welfare of the animals and violates the Wild Free-Roaming Horses and Burros Act of 1971. Legal action in Nevada to stop the roundups was unsuccessful. Last fall, animal welfare advocate Christine A. Jubic sought to stop a BLM roundup and relocation of wild horses with a slightly different legal tactic. She filed a complaint in the United States District Court for the District of Columbia, rather than in Nevada where the roundup was scheduled to take place. There is some logic to this. The BLM is a federal agency based in Washington, so what better place to file a lawsuit against the agency?
Jubic claimed that the BLM plans violated the Wild Free-Roaming Horses and Burros Act, the National Environmental Policy Act, the federal Land Policy Management Act, and other federal laws. She asked the D.C. court to issue an injunction halting the roundup until her case could wind its way through the system, buying the mustangs some time.
The principal issue was not whether Jubic was likely to win in the end, one of the legal requirements for an injunction, or even whether her claims had any merit at all. The question, instead, was whether she had a legal right to file the lawsuit in the first place. Although Jubic once lived in Nevada, she currently resides in New York. That, standing alone, did not affect her right to sue in D.C. Her claim for relief was based on her long-standing "love affair" with the area of Nevada where the roundup was to take place and the fact that she planned to revisit the area, and presumably the wild horses, "before she dies." The nature of the claim was the problem.
The district court never got to the merits of Jubic’s lawsuit, never decided who was right and who was wrong. The court dismissed the complaint because Jubic lacked "standing" to ask the court for relief. The judge ruled that Jubic’s generalized complaint about the wild horse roundups—"raising only a generally available grievance about government" and alleging only a "general interest in proper application of the Constitution and laws"—was not sufficient to show that she had suffered, or ever would suffer, a real injury. Jubic had neither an interest in the horses nor in the land where the roundup was to take place, the court said, and her lawsuit was dismissed.
*BLOGGERS NOTE: The court DID NOT find that I "had neither interest in the horses or the land" but rather, that I FAILED to allege an interest in... BIG Diff.
For some complaints, no matter how meritorious or well founded, there is no legal remedy.
MT
Posted Jan 05 2010, 07:42 AM by Milt with 1 comment(s)
Filed under: animal welfare, wild horses, standing to sue
Click on title above to go to original article and for a place to leave comments;
http://cs.thehorse.com/blogs/horses-and-the-law/default.aspx
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One thing that strikes me about Mr Tobys accessment of my case against the BLM in Nevada is that he does not consider the fact (as did the judge) that I may have standing afterall. The issue is not my actual standing so much as the way my argument alleging standing was put together. My initial "standing" argument was badly formulated and weak,....and that was precisely why Judge Huvelle dismissed my case w/out prejudice (with leave to fix and renew)...and that 'fix" is still in the making with a projected re-submission date sometime in the early part of this new year --- No Standing? ROCK ON indeed.
This article by Mr Toby appears in "TheHorse" online magazine.
-----------------
Standing to Sue
You can sue anybody for anything, no matter how goofy the claim, so long as you can make your way to the court clerk’s office and pony up the filing fee. That’s what I tell students in my undergraduate equine law classes, and it’s true—up to a point. Securing a place on the court docket is easy, but it is only the first step in what may become a very complicated and time consuming legal process. Filing a lawsuit does not guarantee that you will win, or even that the dispute will be heard by a judge and jury.
A case in point involves the Bureau of Land Management’s controversial "gathers" of wild mustangs in Nevada. The BLM argues that the roundups are necessary to keep wild horse populations in check; opponents claim that the action unnecessarily threatens the welfare of the animals and violates the Wild Free-Roaming Horses and Burros Act of 1971. Legal action in Nevada to stop the roundups was unsuccessful. Last fall, animal welfare advocate Christine A. Jubic sought to stop a BLM roundup and relocation of wild horses with a slightly different legal tactic. She filed a complaint in the United States District Court for the District of Columbia, rather than in Nevada where the roundup was scheduled to take place. There is some logic to this. The BLM is a federal agency based in Washington, so what better place to file a lawsuit against the agency?
Jubic claimed that the BLM plans violated the Wild Free-Roaming Horses and Burros Act, the National Environmental Policy Act, the federal Land Policy Management Act, and other federal laws. She asked the D.C. court to issue an injunction halting the roundup until her case could wind its way through the system, buying the mustangs some time.
The principal issue was not whether Jubic was likely to win in the end, one of the legal requirements for an injunction, or even whether her claims had any merit at all. The question, instead, was whether she had a legal right to file the lawsuit in the first place. Although Jubic once lived in Nevada, she currently resides in New York. That, standing alone, did not affect her right to sue in D.C. Her claim for relief was based on her long-standing "love affair" with the area of Nevada where the roundup was to take place and the fact that she planned to revisit the area, and presumably the wild horses, "before she dies." The nature of the claim was the problem.
The district court never got to the merits of Jubic’s lawsuit, never decided who was right and who was wrong. The court dismissed the complaint because Jubic lacked "standing" to ask the court for relief. The judge ruled that Jubic’s generalized complaint about the wild horse roundups—"raising only a generally available grievance about government" and alleging only a "general interest in proper application of the Constitution and laws"—was not sufficient to show that she had suffered, or ever would suffer, a real injury. Jubic had neither an interest in the horses nor in the land where the roundup was to take place, the court said, and her lawsuit was dismissed.
*BLOGGERS NOTE: The court DID NOT find that I "had neither interest in the horses or the land" but rather, that I FAILED to allege an interest in... BIG Diff.
For some complaints, no matter how meritorious or well founded, there is no legal remedy.
MT
Posted Jan 05 2010, 07:42 AM by Milt with 1 comment(s)
Filed under: animal welfare, wild horses, standing to sue
Click on title above to go to original article and for a place to leave comments;
http://cs.thehorse.com/blogs/horses-and-the-law/default.aspx
Wednesday, January 20, 2010
Nevada Gets $6 Million Grant for Green Jobs
Posted: Jan 20, 2010 10:57 AM PST Updated: Jan 20, 2010 10:57 AM PST
LAS VEGAS -- The U.S. Department of Labor announced Wednesday that Nevada will get $6 million in grant money aimed at training and placing 6,000 Nevadans.
The grants are part of the American Recovery and Reinvestment Act of 2009 designed to promote economic growth.
"These grants will help workers gain access to good jobs, while supporting the sort of statewide energy efficiency strategies that play a crucial role in building the green economy of the 21st century," said U.S. Secretary of Labor Hilda Solis.
The grant was given to the Nevada Department of Employment, Training and Rehabilitation and will be used to set up training and education for low-income, low-skilled workers who want employment in green industries.
http://www.lasvegasnow.com/Global/story.asp?S=11852453
LAS VEGAS -- The U.S. Department of Labor announced Wednesday that Nevada will get $6 million in grant money aimed at training and placing 6,000 Nevadans.
The grants are part of the American Recovery and Reinvestment Act of 2009 designed to promote economic growth.
"These grants will help workers gain access to good jobs, while supporting the sort of statewide energy efficiency strategies that play a crucial role in building the green economy of the 21st century," said U.S. Secretary of Labor Hilda Solis.
The grant was given to the Nevada Department of Employment, Training and Rehabilitation and will be used to set up training and education for low-income, low-skilled workers who want employment in green industries.
http://www.lasvegasnow.com/Global/story.asp?S=11852453
Nevada Sting Op Nets 22 Foreign Bribery Arrests
FBI Sting Results in 22 Arrests for Foreign Bribery
Posted: Jan 19, 2010 11:09 AM PST Updated: Jan 19, 2010 3:34 PM PST
LAS VEGAS -- An FBI undercover operation has resulted in 22 arrests, all but one of those arrests took place in Las Vegas.
The Department of Justice says 22 executives and employees of companies in the military and law enforcement products industry are accused of bribing foreign government officials. Twenty one of the suspects were arrested in Las Vegas as they were preparing to attend the 2010 Shooting, Hunting & Outdoor Trade Show.
"Corrupt payments to foreign officials to obtain or retain business erode public confidence in our free market system and threaten to undermine foreign governments," said U.S. Attorney Channing Phillips. "These indictments set forth serious allegations and reflect the Department's commitment to aggressively investigate and prosecute those who try to advance their businesses through foreign bribery."
The indictments allege that the defendants engaged in a scheme to pay bribes to the minister of defense for a country in Africa. The defendants were unaware there was no real minister of defense, instead it was an uncover sting.
This is a list of those arrested:
Daniel Alvirez, 32, and Lee Allen Tolleson, 25, the president and director of acquisitions and logistics at a company in Bull Shoals, Ark., that manufactures and sells law enforcement and military equipment;
Helmie Ashiblie, 44, the vice president and founder of a company in Woodbridge, Va., that supplies tactical bags and other security-related articles for law enforcement agencies and governments worldwide;
Andrew Bigelow, 40, the managing partner and director of government programs for a Sarasota, Fla., company that sells machine guns, grenade launchers and other small arms and accessories;
R. Patrick Caldwell, 61, and Stephen Gerard Giordanella, 50, the current and former chief executive officers of a Sunrise, Fla., company that designs and manufactures concealable and tactical body armor;
Yochanan R. Cohen, aka Yochi Cohen, 47, the chief executive officer of a San Francisco company that manufactures security equipment, including body armor and ballistic plates;
Haim Geri, 50, the president of a North Miami Beach, Fla., company that serves as a sales agent for companies in the law enforcement and military products industries;
Amaro Goncalves, 49, the vice president of sales for a Springfield, Mass., company that designs and manufactures firearms, firearm safety/security products, rifles, firearms systems and accessories;
John Gregory Godsey, aka Greg Godsey, 37, and Mark Frederick Morales, 37, the owner and agent of a Decatur, Ga., company that sells ammunition and other law enforcement and military equipment;
Saul Mishkin, 38, the owner and chief executive officer of an Aventura, Fla., company that sells law enforcement and military equipment;
John M. Mushriqui, 28, and Jeana Mushriqui, 30, the director of international development and general counsel/U.S. manager of an Upper Darby, Penn., company that manufactures and exports bulletproof vests and other law enforcement and military equipment;
David R. Painter, 56, and Lee M. Wares, 43, the chairman and director of a United Kingdom company that markets armored vehicles;
Pankesh Patel, 43, the managing director of a United Kingdom company that acts as sales agent for companies in the law enforcement and military products industries;
Ofer Paz, 50, the president and chief executive officer of an Israeli company that acts as sales agent for companies in the law enforcement and military products industries;
Jonathan M. Spiller, 58, the owner and president of a Ponte Vedra Beach, Fla., company that markets and sells law enforcement and military equipment;
Israel Weisler, aka Wayne Weisler, 63, and Michael Sachs, 66, owners and co-chief executive officers of a Stearns, Ky., company that designs, manufactures and sells armor products, including body armor;
John Benson Wier III, 46, the president of a St. Petersburg, Fla., company that sells tactical and ballistic equipment.
http://www.lasvegasnow.com/global/story.asp?s=11845948
Posted: Jan 19, 2010 11:09 AM PST Updated: Jan 19, 2010 3:34 PM PST
LAS VEGAS -- An FBI undercover operation has resulted in 22 arrests, all but one of those arrests took place in Las Vegas.
The Department of Justice says 22 executives and employees of companies in the military and law enforcement products industry are accused of bribing foreign government officials. Twenty one of the suspects were arrested in Las Vegas as they were preparing to attend the 2010 Shooting, Hunting & Outdoor Trade Show.
"Corrupt payments to foreign officials to obtain or retain business erode public confidence in our free market system and threaten to undermine foreign governments," said U.S. Attorney Channing Phillips. "These indictments set forth serious allegations and reflect the Department's commitment to aggressively investigate and prosecute those who try to advance their businesses through foreign bribery."
The indictments allege that the defendants engaged in a scheme to pay bribes to the minister of defense for a country in Africa. The defendants were unaware there was no real minister of defense, instead it was an uncover sting.
This is a list of those arrested:
Daniel Alvirez, 32, and Lee Allen Tolleson, 25, the president and director of acquisitions and logistics at a company in Bull Shoals, Ark., that manufactures and sells law enforcement and military equipment;
Helmie Ashiblie, 44, the vice president and founder of a company in Woodbridge, Va., that supplies tactical bags and other security-related articles for law enforcement agencies and governments worldwide;
Andrew Bigelow, 40, the managing partner and director of government programs for a Sarasota, Fla., company that sells machine guns, grenade launchers and other small arms and accessories;
R. Patrick Caldwell, 61, and Stephen Gerard Giordanella, 50, the current and former chief executive officers of a Sunrise, Fla., company that designs and manufactures concealable and tactical body armor;
Yochanan R. Cohen, aka Yochi Cohen, 47, the chief executive officer of a San Francisco company that manufactures security equipment, including body armor and ballistic plates;
Haim Geri, 50, the president of a North Miami Beach, Fla., company that serves as a sales agent for companies in the law enforcement and military products industries;
Amaro Goncalves, 49, the vice president of sales for a Springfield, Mass., company that designs and manufactures firearms, firearm safety/security products, rifles, firearms systems and accessories;
John Gregory Godsey, aka Greg Godsey, 37, and Mark Frederick Morales, 37, the owner and agent of a Decatur, Ga., company that sells ammunition and other law enforcement and military equipment;
Saul Mishkin, 38, the owner and chief executive officer of an Aventura, Fla., company that sells law enforcement and military equipment;
John M. Mushriqui, 28, and Jeana Mushriqui, 30, the director of international development and general counsel/U.S. manager of an Upper Darby, Penn., company that manufactures and exports bulletproof vests and other law enforcement and military equipment;
David R. Painter, 56, and Lee M. Wares, 43, the chairman and director of a United Kingdom company that markets armored vehicles;
Pankesh Patel, 43, the managing director of a United Kingdom company that acts as sales agent for companies in the law enforcement and military products industries;
Ofer Paz, 50, the president and chief executive officer of an Israeli company that acts as sales agent for companies in the law enforcement and military products industries;
Jonathan M. Spiller, 58, the owner and president of a Ponte Vedra Beach, Fla., company that markets and sells law enforcement and military equipment;
Israel Weisler, aka Wayne Weisler, 63, and Michael Sachs, 66, owners and co-chief executive officers of a Stearns, Ky., company that designs, manufactures and sells armor products, including body armor;
John Benson Wier III, 46, the president of a St. Petersburg, Fla., company that sells tactical and ballistic equipment.
http://www.lasvegasnow.com/global/story.asp?s=11845948
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