Oregon Pregnant Wild Mares Get Another Reprieve in Appeal Filed by CAES Against the Brutal, Outdated Experiments BLM Planned to Perform.
BLM has Finally asked the Interior Board of Land Appeals to allow them to have jurisdiction back over the Decision of Record they made earlier in 2018 to sterilize wild mares. The IBLA, yesterday granted that decision because BLM stated in their request to the IBLA that they no longer plan to do the experiments. But, this win is likely only temporary.
While there were other lawsuits filed in court against BLM’s brutal plans, CAES filed an appeal with the IBLA because we feared the lawsuits, even if won, would not stop these experiments from happening in the future.
BLM has clearly expressed in both their motion to the IBLA and in the ongoing Kathrens et al lawsuit that they plan to write a new Environmental Assessment are try again. CAES filed a motion asking the IBLA to only grant this motion to vacate and remand the decision back to BLM IF they did so with prejudice so the plans could not be recreated.
The Kathrens et al lawsuit found a flaw in First Amendment Rights to watch the experiments in their entirety, but BLM in their request for clarification on a preliminary injunction filed in that lawsuit made it very clear that BLM intends to fix the problem with the EA and issue a new one to do these experiments. Notably, while there were requests for cameras in instant case, there were no requests for scopes that would actually make the surgery visible if not safer due to the procedure itself and the large arm and hand of the (blind) vet and allow view of the interior of the mares which is being sliced, torn and ripped apart without being sown up and without seeing any tears in the vaginal tract itself or the foal itself.
We urged the IBLA not to allow BLM to continually proceed with this process of issuing a Decision of Record and then changing their minds, which avoids a court ruling on the experiments, and then come out with a ‘new and improved’ plan down the road. The IBLA denied our request to do so with prejudice claiming that would constitute an advisory opinion.
BLM will fix the issues of the superficial 1st Amendment suit (letting people view, video, etc. the experiments). And they will try this again. This has been a pattern of the BLM since they first attempted to do these experiments in 2016. CAES filed a similar administrative appeal in 2016, and the result was the same thing after CAES won legal standing BLM backed down. Only this time, the day after we filed our main brief in the case against their plans, they backed down again.
- On Nov. 2, the Cloud Foundation announced their preliminary injunction win, however, court documents showed that the BLM had only stated that at some unspecified date, they would ask the IBLA for a vacate and remand in the CAES Appeal. However, the BLM did not ask for a remand until the day after CAES filed their Appeal Brief on Nov 13th at noon.
- Nov. 14, at 3:30 p.m., the BLM, in the CAES Appeal, asked the IBLA to Vacate and Remand, stating their intent to cancel the plan,
- November 13, at 7:47 p.m. federal court judge in the Kathrens et al. case issued a preliminary injunction,
- November 26 the IBLA gave BLM permission to abandon their plans ending the CAES Appeal with a win for the horses…this time.
- The Federal Court Case is not over with Kathrens et al., however since the BLM canceled the plans during our legal action that court case is now moot.
PLEASE consider making a donation to CAES to keep us fighting in cases like this for the protection of American wild and domestic horses. CAES is a national 5013 c3 non-profit corporation. (see yellow donate button on upper right of any CAES web page).