A complaint was filed last Tuesday in the District of Arizona by plaintiff International Society for the Protection of Mustangs and Burros (ISPMB) against defendants the United States Government, Department of Agriculture, Tom Vilsack (as acting United States Secretary of Agriculture), United States Forest Service (USFS), and Judy Palmer (as acting U.S. Forest Supervisor). The complaint alleges that the defendants violated numerous acts when they gave notice of their plan to capture and remove ‘feral’ horses from the Apache National Forest.
On March 21, 2022, defendant USFS issued a notice of their plan to capture and remove up to 20 ‘feral’ horses they had located in the Apache National Forest in Arizona. The USFS argued that “the horses are negatively impacting native plants and animals, watersheds, and ecosystems.” The plaintiff explains that when the horses are captured by the defendant, they would be impounded and offered for public sale, where the plaintiff believes that most of the feral horses would be slaughtered and sold for meat.
The Wild Free-Roaming Horses and Burros Act of 1971 was passed by Congress in 1971 and ensures that wild free-roaming horses and burros “shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands.”
Defendant USFS determined in March of 2022 that the 20 horses living in the Apache National Forest were ‘unauthorized livestock’ and their removal was necessary. After releasing the aforementioned initial notice, defendant USFS issued an updated notice which changed the number of horses being removed from 20 to “a number of unauthorized livestock.” Additionally, USFS did not specify where the horses were located and living.
The removal of the horses from the Apache National Forest was authorized by defendant Judy Palmer in a memo. Plaintiff ISPMB contends that both the USFS notice and defendant Palmer’s memo make it appear as if they intend to remove all of the horses from the entire Apache National Forest since there are no specifications in either document.
ISPMB explains that defendant USFS designated the horses as feral rather than wild and free-roaming “without adequate investigation or documentation and in the face of contradictory evidence.” Further, the defendants allegedly made uninformed determinations about the number of horses and failed to complete an environmental impact statement in relation to the horses. ISPMB asserts that its members will suffer irreparable harm in the event that the horses are captured and removed from the Apache National Forest.
The complaint cites violations of the National Environmental Policy Act, the Wild Free-Roaming Horses and Burros Act of 1971 and the Administrative Procedures Act. The plaintiff is seeking a declaration that the horses are wild free-roaming horses entitled to protection, favorable judgment on each count, litigation fees, and any other relief deemed appropriate by the court.
The plaintiff is represented by FR Law Group PLLC.
