Wild horse advocates have been encouraged by the latest round in their legal fight against federal musters.
Last last week, in a Nevada Federal Court, the legal saga exploring the humane care standards in the Bureau of Land Management's wild horse and burro program continued as US District Judge Howard McKibben acknowledged the validity of concerns brought forward.
However, he denied any further action on the motion to expand the issue beyond the Triple B roundup against the bureau on behalf of plaintiff Laura Leigh of the Wild Horse Freedom Federation.
The judge left the door open for additional new action, the federation said.
On August 30 last year, Judge McKibben handed Leigh and the federation a victory when he granted a temporary restraining order against the bureau and its helicopter roundup contractor, which temporarily halted operations.
The judge ruled last week that although the plaintiff was free to address questionable conduct issues "roundup by roundup", the court did not have the jurisdiction or supporting case law to be the "overseer" of the bureau, overall.
Although the court denied injunctive relief without prejudice, the judge said he was and will continue to be concerned with the care and handling of wild horses within Northern Nevada.
Judge McKibben recognized Leigh's standing, refused to address the bureau's mootness argument and left the court's door open for further litigation on behalf of the wild horses and burros should the situation warrant.
Leigh, who is vice-president of the foundation and founder of Wild Horse Education, said: "This work is important, if that's what it takes to get a written protocol to uphold the most basic premise of the act, humane care, then that is what will happen until we see change in practice.
"Words are empty until change happens in practice."
Attorney Gordon Cowan, of Reno, said: "I am encouraged. This case has created focus on an important issue.
"Although not a resounding win, the judge's recognition of the importance of the issue and willingness to continue to hear these cases may yet lead to the desired outcome."
Federation president R.T. Fitch said: "We found a dent in the BLM's armor and likewise a Federal Judge who understands the issues.
"It is now incumbent upon ourselves and the advocacy to present noted discrepancies in an indisputable manner so as to permanently effect positive change in the handling and humane management of our national icons, the wild horses and burros of the United States."
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