CAES Files Next Round with the Interior Board for Land Appeals. on the Muddy Creek Wild Horse Gather and Removals.
Allegations include: illegal transfer of withdrawn lands to SITLA, animal cruelty, torture, neglect, fraud, failure to follow proper procedures, inadequate, possibly intentional lack of transparency and FOIA requests, and much more.
©CAES 2018 October 31, Val Cecama-Hogsett
Ok so, we announced a while back that we filed an appeal on the Muddy Creek gather in UT. For those who don’t know the process when you file the appeal, against a BLM action or Decision of Record, you file a document called the Notice of Appeal, and that might also include a Petition of Stay (like an injunction filed in court to stop something from happening while the case is being heard).
After that is filed there may be some response from BLM that we file a reaction to, but the next major step in the appeal case is called the Reason for Appeal. This is the bulk or meat of the appeal. All the reasons you feel BLM acted in error, or against the law etc.
So today we filed that Reason for Appeal brief….and BLM is likely to respond to it, which means it is likely we will have one more round of documents to go to court which will be our reaction to whatever they respond with.
Other actions in this particular case that have been noteworthy have been that BLM timed the Decision of Record just perfect so that they could begin the gather before the time period to appeal had expired. So sadly our due process was stolen and horses were gathered. However, we now know about this statute that we were not aware of that allows BLM to use the phrase “Effective Upon Issuance” to usurp the appeals deadline. And we will be ready for and watching for that tactic from here on out in all other actions BLM takes.
Read the entire brief here: Muddy Creek Reason for Appeal 2018