The Oregon Wild Horse Organization and Central Oregon Wild Horse Coalition have filed a federal complaint that seeks to block horse gathering operations in Harney County scheduled for Oct. 17-30 and next August, arguing they haven’t been proven necessary as legally required.

“The relief requested by plaintiffs, if granted, would reduce the number of wild, free-roaming horses needlessly injured, killed, made infertile, or removed by defendants,” the complaint said.

The Western Watersheds Project environmental nonprofit has also joined the lawsuit, alleging the BLM is wrongly blaming wild horses for rangeland damage that’s actually caused by livestock over-grazing.

“WWP’s interests in this decision include the proper and unbiased administration of public lands and a full and fair environmental analysis of landscape health,” the lawsuit said.

BLM response

While the BLM does not comment on pending litigation, its regulatory documents said the roundups are necessary to relieve overpopulation and bring the Kiger and Riddle Mountain horse management areas back to “appropriate management levels,” or AML.

“The proposed action removes excess wild horses and applied intensive available fertility treatments to maintain the wild horse population within AML over a 10-year period,” according to the agency’s record of decision.

A minimum of 84 wild horses would be left in both management areas under the BLM’s plan, down from nearly 800 animals currently, including 43 mares treated with a fertility control vaccine that would slow the population’s growth.

Suit seeks proof

The plaintiffs argue it’s not enough for BLM to claim horse populations have surpassed management thresholds, as the agency must demonstrate that removals will restore the ecological balance of public lands, which it has failed to do in this instance.

“BLM provides no evidence that the rangeland in the Kiger and Riddle Mountain HMAs is actually being impacted by wild horses in such a manner as to necessitate the removal of horses to preserve or maintain the range,” the lawsuit said.

While the lawsuit alleges that BLM has “scapegoated” wild horses for detrimental environmental effects caused by livestock, it claims the agency hasn’t demonstrated that competition for forage in the areas is harmful or degrading streams, native vegetation or other resources.

“BLM does not differentiate between cattle and horse impact, does not include any actual monitoring data,” and it doesn’t show how “removal of horses will address any potential impact that may be happening now or in the imminent future,” the complaint said.

Meanwhile, the agency hasn’t devoted enough attention to the genetic variability of horses in the areas, potentially endangering the ability of their herds to survive, contrary to its statutory obligations, the plaintiffs said.

The lawsuit alleges the BLM’s errors violate the National Environmental Policy Act’s requirement to take a “hard look” at agency actions and fully analyze alternatives, among other shortcomings.

The plaintiffs also claim the roundups were approved in violation of federal land management law, required administrative procedures and specific statutes that protect wild horses.

The complaint requests that a federal judge overturn the BLM’s decision, order the agency to recalculate appropriate horse populations in the areas and enjoin the planned roundup operations.

According to BLM’s documentation, the horses will be herded by horseback and helicopter and trapped with bait, with the roundups having “no significant impact” on the environment.

The agency plans to keep the population between 84 and 138 horses over the next decade, affecting roughly 55,000 acres in two horse management areas out of 18 in Oregon and 179 in the entire U.S.

The effects of gathering wild horses have been studied in “numerous NEPA analysis documents” and these specific roundups aren’t expected to involve any “unique risks” or “highly uncertain effects,” according to the agency’s analysis.

“BLM monitoring shows natural resources have been impacted by wild horses in these areas and action must be taken to preserve those resources,” the agency said.