Friday, February 5, 2010

BLM Faces Yet Another Law Suit

I hope this attorney will bring up the illegal and un-constitutional "statutory nullification" / seperation of powers argument in this new suit. It is our only hope.

BLM Faces Yet Another Lawsuit in its Wild Horse Capture Plan

Attorney Bill Spriggs to File Second Lawsuit to Stop Inhumane Horse Roundups


The Desert Independent

February 5, 2010

WASHINGTON, D.C. – Buchanan Ingersoll & Rooney PC plans to file a lawsuit on Monday, February 8, to keep the Bureau of Land Management from implementing its Eagle Herd Management Area Wild Horse Capture Plan (DOI-BLM-NV-L020-2009-0051-EA), currently scheduled to begin this month. The plan proposes to capture 495 wild horses by using helicopters to indiscriminately gather the horses – whether they are old, sick or lame – into short term holding pens.

According to Bill Spriggs, co-chair of Buchanan's Government Contracts Practice and lead attorney in this case, "the Bureau of Land Management's proposed plan fails to comply with the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act." This is the second lawsuit Spriggs has filed within the past three months that seeks to enjoin the inhumane roundup of wild horses.

Spriggs adds, "in regard to the first lawsuit (see In Defense of Animals vs. Dept. of Interior), which is exactly the same as this one, the December 23, 2009 opinion, rendered by Judge Paul L. Friedman of the United States District Court for the District of Columbia, supports our claim that the relocation of horses for indefinite holding periods violates the plain language of Section 1339." He further cites the opinion, stating that the roundups violate the 'minimal feasible level' of management language in Section 1333(a). He adds that "the opinion also rejects the defendants' argument that Congress has authorized long term holding facilities through the appropriations process." Judge Friedman has set a court date for April 30 to hear the case, with a final opinion by May 26, to hear the case.

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