US judge clears way for Nevada mustang roundup to continue despite deaths of 31 wild horses

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US judge clears way for Nevada mustang roundup to continue despite deaths of 31 wild horses
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A legal battle over the U.S. government’s deadly capture of thousands of wild horses in Nevada is getting a hard look from a federal judge.

FILE - A livestock helicopter pilot rounds up wild horses from the Fox & Lake Herd Management Area on July 13, 2008, in Washoe County, Nev., near the town on Empire, Nev. A legal battle over the U.S. government's ongoing capture of thousands of wild horses in Nevada, where over two dozen mustangs have died in a weeks-long roundup goes before a judge Wednesday, Aug. 9, 2023, as opponents try to prove it's illegal and should be stopped.

The judge said the deaths of the horses were tragic. But he said that the U.S. Bureau of Land Management appears to be complying with the law and doing everything it can to gather the mustangs as humanely as possible from the range to cull overpopulated herds. Of little consolation to horse advocates, Hicks said he agreed with their claim that the federal agency illegally denied them access to observe one of the mustang traps because it required passing through private land owned by a man who didn't want the public there.

Government lawyers representing the Bureau of Land Management said the deaths among 2,500 horses gathered since July 9 were unfortunate but expected. They said the free-roaming animals pose a threat to the ecological health of public rangeland. “Although the Judge said that our Constitutional Rights to view one of the traps was likely violated, he did not see any necessity to restrain BLM from doing it again," Leigh said. “He trusted that BLM's statement that there would be no further trapping on private property with access denial.”

The agency says the 31 deaths are within the average mortality rate of 1% to 1.2% for wild horse gathers conducted from 2010 to 19.

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