Tuesday's
Horse
September 2018
A temporary restraining order prevented September 2 trapping and removal of wild horses. There is a further hearing set for September 28th in Billings, Montana.
Cloud the Stallion - Image: PBS
Susan P. Watters, United States District Judge, has ruled in favor
of Ginger Kathrens and the Cloud Foundation in their efforts to protect the
small Pryor Mountain mustang herd from capture and removal stating,
“Plaintiffs’ application for TRO is GRANTED. Defendants are hereby ENJOINED
from conducting the wild horse gather set for September 2, 2018, pending a
hearing on Plaintiff’s motion for preliminary injunction.”
“We won,” stated a jubilant Ginger Kathrens, who brought the herd to
international prominence with her documentaries about Cloud, a charismatic
palomino stallion she documented from the day he was born. “I hope that the
TRO and what we believe will be a permanent decision later next month, will
ensure a lasting future for this unique Spanish herd.”
In her ruling Judge Waters acknowledged that BLM fell short in managing for
both rare genetics and the unusual colors.
The Pryor Mustangs are descended of Crow Indian horses (the range borders
reservation lands) and before that, the horses of the Conquistadors. Genetic
and color experts have concluded that this is a rare Spanish Colonial herd.
Their range is located on the Montana/Wyoming border east of Yellowstone
National Park. Kathrens, who began her journey with wild horses in 1994, was
ridiculed in the Government’s brief for repeated efforts to protect the
Pryor Herd, stated. “I hope this is a turning point for America’s
beleaguered wild horse herds that have been so cruelly treated and that the
BLM will finally adopt humane methods of management that take into account
the essential need for family structures and the basic right to live in
freedom as the Wild Horse and Burro Act intended.”
In her decision to grant the TRO Judge Watters states: “BLM argues that one
removal action will not result in the permanent loss of genetic diversity of
the Pryor Herd. … This conclusion is contrary to the evidence before the
court. Extinction of a bloodline or phenotype is, by its nature, loss of
genetic diversity. And extinction, meaning forever, is certainly a long
duration. This court finds that Plaintiffs have established a likelihood of
irreparable harm absent a TRO.”
“We could not have brought this suit without a high level of confidence in
our donors.” Kathrens continued. “Cloud fans are loyal to wild horses and
understand that maintaining the family structure and genetic strength are
the essentials to living wild. This one’s for you Cloud!”
“2018 is the 50th Anniversary of the creation of the Pryor Mountain Wild
Horse Range, the first nationally designated area established to provide a
home for free roaming horses. What a grand way to celebrate!,” Ginger
Kathrens concludes.
The hearing in Billings, MT is set for September, 28 at 9:30.
The Cloud Foundation is being represented in the lawsuit by Katherine A.
Meyer, of the Washington DC public interest firm, Meyer, Glitzenstein, and
Eubanks.
Return to: Litigation