Judge says he plans to allow horse roundup to continue

RENO -- A judge on Thursday said he intends to reject a temporary restraining order sought by animal rights activists to halt a wild horse roundup in Northern Nevada after 13 wild horses died.

U.S. District Judge Larry Hicks said he is influenced by a new U.S. Bureau of Land Management report concluding that more than 500 horses in Elko County could die of dehydration in the next week if the roundup doesn't continue.

Hicks, after a two-hour hearing, said he intends to issue a formal ruling today. On Wednesday, he issued an emergency order that prohibits the BLM from further roundups until the ruling is issued.

The BLM suspended the gather over the weekend when seven horses died of dehydration and water intoxication after being herded by helicopter. The BLM on Thursday reported a mare became the 13th wild horse to die after suffering from dehydration.

Hicks questioned BLM officials about their handling of the roundup and expressed concern over the number of deaths, saying it seemed "unusually high."

But he said he was prepared to allow the roundup to continue after hearing about the BLM's emergency measures to truck water to large bands of wild horses still on the range in the roundup area.

"It seems to me the greater evil would be to issue the TRO," Hicks said.

In her lawsuit, Laura Leigh, coordinator for the horse advocacy group Cloud Foundation, based in Colorado, argues the BLM violated its own policy not to conduct helicopter roundups until at least six weeks after peak foaling season ends.

She contends that would mean after mid-August, but the BLM maintains the restriction ended June 30.

Her lawyer, Gordon Cowan, said the BLM's roundup of mares and foals in temperatures in the 90s was inhumane.

The BLM says the roundups are necessary because the wild horse population is growing so rapidly that the animals are running out of food and damaging the range.