Moving from Mismanagement to Enlightened Stewardship Valerie Stanley.

Slides:



Advertisements
Similar presentations
SEA & ETC Strategic Environmental Assessment and European Territorial Cooperation programmes Annual meeting with the Managing Authorities of the ETC programmes.
Advertisements

SPECIAL EDUCATION: What You Need to Know The Training Institute on Disability Rights.
Unit 3 AoS 3 Revision DP 5: Strengths and weaknesses of law making through the courts DP 6: The relationship between parliament and the courts in law making.
Rule-Making Book II EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Herwig C.H. Hofmann University of Luxembourg.
“Possession is 9/10 of the law” A right to take hold or sell property of a debtor to secure the payment of a debt.
THE DIVERSITY OF INTERESTS IN ENVIRONMENTAL GOVERNANCE A CHALLENGE FOR THE RULE OF LAW By Professor D E Fisher.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure Introduction To Litigation Litigation & Procedure Introduction.
© 2007 Morrison & Foerster LLP All Rights Reserved Attorney Advertising The Global Law Firm for Israeli Companies Dispute Resolution in the United States.
The Court System.
Surrogate Parent Training
COURTS OF APPELLATE JURISDICTION
1 Judicial Review Under NEPA Bob Malmsheimer April 1, 2006.
Judicial Review. Basic Requirements Court must have jurisdiction Plaintiff must state a recognized cause of action and seek a recognized remedy This is.
Regional conference on the 1980 Hague Convention on the Civil Aspects of International Child Abduction, February, Belgrad,Serbia Albania’s Challenges.
Objective 1.02 Understand Court Systems and Trial Procedures
Mitigation and Conservation Banking Vanessa P. Hickman Chair, Governor’s Natural Resources Review Council State Land Commissioner November 12, 2014.
Eco-Sanctuaries Request for Applications. What is an Eco-Sanctuary? An eco-sanctuary is defined as a place of safety providing a natural and healthy habitat.
Surrogate Parent Training Presenter: Title: District: Date: Presented by:
Parol Evidence Rule Contracts – Prof. Merges March 14, 2011.
Opportunities for RAC Participation. Three Part discussion General presentation; Example of oil and gas decision making; and Panel Discussion of RAC involvement.
Catherine Golding Meat & Livestock Australia 2 TRUE AUSSIE BEEF AND LAMB.
Planning for a Vibrant Community. Introduction Planning is a process that involves: –Assessing current conditions; envisioning a desired future; charting.
INTRODUCTION TO FAMILY LAW © 2006 Thomson Delmar Learning. All Right Reserved.
Washington State Energy Facility Site Evaluation Council Region 10 Regional Response Team Northwest Area Committee Seattle, WA February 12, 2014 EFSEC.
1 Informed Consent and Monitoring of Psychotropic Medications in Texas Kathy Teutsch, RN, LMSW-MSSW: CPS Division Administrator for Medical Services SHARED.
Presentation by the SCAJTC Administrative Justice and Tribunals Council History and Constitution How We Are Organised What we do How we do it.
HELEN THIGPEN STAFF ATTORNEY LEGISLATIVE SERVICES DIVISION MONTANA LEGISLATURE EDUCATION AND LOCAL GOVERNMENT COMMITTEE NOVEMBER 18, 2011 County Zoning.
Evolution of Judicial Specialization in Environmental Law – United States Asian Judges Symposium Manila, Philippines July 2010.
Chapter 4 Fair Housing 2010©Cengage Learning. All Rights Reserved.
Washington State Energy Facility Site Evaluation Council Jim Luce, EFSEC Chair Port Of Vancouver Presentation Vancouver, WA June 27, 2013 EFSEC These Slides.
CHAPTER 3 SCOPING AND AGENCY COORDINATION. Scoping - the procedure for determining the appropriate level of study of a proposed project/activity - process.
The Judicial Branch Chapter 7.
1 Federal Oil and Gas Planning, NEPA, and Development Scott F. Archer USDI - Bureau of Land Management April 8, 2009.
Administrative Dispute Term, Subject, Types, Competent Bodies, Parties, Procedure.
4-1 Chapter 4— Litigation REED SHEDD PAGNATTARO MOREHEAD F I F T E E N T H E D I T I O N McGraw-Hill/Irwin Copyright © 2010 by The McGraw-Hill Companies,
EDSE 539 Special Education Leadership in Schools Parent Rights and Relationships Dispute Resolution Remedies.
SAFETEA-LU Section 6002 “ Efficient Environmental Reviews for Project Decisionmaking”
Beyond Slaughter: A System of Metrics for Eliminating the “Unwanted Horse” John Holland, President.
Hon. Robin Sage Tara Garlinghouse  Continuation of study of legal system to assess the quality of our child protection hearings  Project Goals: ▪ Establish.
Kenny A vs State Principles Georgia’s Child Welfare System must actively promote the opportunity for children to grow up with in a family. Family contacts.
WILD HORSE AND BURRO PROGRAM BUDGET OVERVIEW by Holle’ Hooks.
Portfolio Management Unit – II Session No. 11 Topic: Investment Policy Statement Unit – II Session No. 11 Topic: Investment Policy Statement.
Administrative Law The Enactment of Rules and Regulations.
© 2015 OnCourse Learning Chapter 4 Fair Housing. IN THIS CHAPTER “Separate but equal” used to justify segregation. The courts and legislature dealt with.
SEA in the Czech Republic Prague, 24 September 2008.
United States Department of Interior Bureau of Land Management Winnemucca District Draft Resource Management Plan and Draft Environmental Impact Statement.
Chapter 7: The Judicial Branch. “The Federal Court System & How Federal Courts Are Organized”
Working Smarter and Together for Wild Horses and Burros Suzanne Roy, director, American Wild Horse Preservation Campaign.
Your Rights! An overview of Special Education Laws Presented by: The Individual Needs Department.
Decision–making on construction of new nuclear facilities O.Melen-Zabramna Head of legal unit, EPL, Ukraine
Commission Staff Working Document Free Movement of Workers in the Public Sector 18 January 2011 Ursula Scheuer European Commission DG Employment, Social.
What’s New for Transition to Special Education Services? Paula E. Goff, Part C Coordinator May 23, 2013.
Required Services and Procedures for Students with Disabilities Presented by Scott Hall and Ty Manieri 2010 Oregon Special Education Fall Conference Eugene,
EIAScreening6(Gajaseni, 2007)1 II. Scoping. EIAScreening6(Gajaseni, 2007)2 Scoping Definition: is a process of interaction between the interested public,
Bureau of Land Management Federal Coal Leasing Program Programmatic Environmental Impact Statement Scoping Meeting Supporting Text.
Wild Horses and Burros: Assessing Welfare During Helicopter Capture Kathryn Holcomb, PhD and Carolyn Stull, PhD Veterinary Medicine Cooperative Extension.
Judicial Review Under NEPA
. land reform policies AND pastoralism in Central Asia
The Science – or Lack Thereof – of Wild Horse & Burro Management
1. What are the two basic categories of laws?
What Everyone Needs To Know About Divorce
The Wrap-up.
The Citizen Participation Trial
Equine Husbandry What is husbandry? What is husbandry?
A Managers Guide to Parental Leave
IEP Basics for Parents and Families
Establishing Oversight Mechanisms
Foster Care to 21 Carl E. Ayers, MSW
Panel Discussion on Hearings Case Management Projects
Dovilė Juodkaitė Inclusion Europe conference, Vilnius 6 June, 2019
Presentation transcript:

Moving from Mismanagement to Enlightened Stewardship Valerie Stanley

Judge Collyer: How does BLM manage wild horses? DOJ attorney: BLM manages them by removing them [from the public lands] Hearing on Motions for Summary Judgment in Colorado Wild Horse and Burro Coalition v. Kempthorne, Civil Action (D.D.C.), January 13, 2009

Wild Horses and burros are referred to as: a management problem Wild horses and burros are criticized because they are free-roaming and not containable in pastures as livestock This is their nature and provided for in the Wild Free-Roaming Horses and Burros Act

Land Use Plans or Herd Management Area plans for a given area Establishment of AML, i.e. Appropriate (misnomer) Management Level Agreement with Private Groups (such as Rock Springs Grazing Association in Wyoming)

Decisions to Remove Wild Horses are not made in Environmental Assessments (beyond the scope) Cited 20% annual growth rate (not based on actual knowledge but routinely cited)

Placement in Short term holding Placement in Long term holding Adoption Sale without Reservation

BLM and FS have been given ample opportunity to change their approaches. While we explore replacements for them, and we explore new strategies, the tough truth is that we will have to keep doing what we have been doing.

The requirement that there be final agency action, i.e. discreet agency action, is an impediment. The Supreme Court has held that you cant bring a suit to challenge the entire program of an agency. Due to separation of powers concerns, courts do not sit as overseers of agency programs. There is hope, however. Courts do review agency action, i.e. roundups and treatment of wild horses and burros on a case by case basis. BLM and FS are just like any other agencies whose treatment of animals can be challenged, reviewed, and set aside.

With each case brought: A body of law is developed to assist courts down the road in deciding which decisions to remove wild horses from the public lands are arbitrary and capricious and which are supportable. This body of law familiarizes courts with the Wild Horses Act and surrounding issues and makes them more comfortable reviewing and setting aside decisions to remove wild horses. Courts often have to be presented with an argument five or more times until they see its reasoning, adopt it and make it their own.

Continue to comment on land use plans and herd management area plans; File Freedom of Information requests to monitor handling of horses post removal Adopt a herd – regularly visit a herd, learn what land/water/development issues impact the herd/follow treatment of the herd, consult experts to develop alternatives to removal

Remove wild horse and burro specialists and field managers who consider these animals to be management problems or view them as non-native wildlife. Replace them with persons knowledgeable about wild horse behavior and needs. Require wild horse and burro specialists and field managers to actually observe, study and know wild horse family bands and members, seasons of use of herd areas, migratory patterns. Require annual accounts of births and deaths. Require removals to be the option of last resort.

Adhere to standards of equine care that caring horse owners provide: No strenuous exercise when temperature/ humidity can cause suffering Provision of anesthesia/analgesics before, during and after gelding No early weaning/separation of dams and foals No forced strenuous exercise of foals, weanlings and yearlings If removed, provide horses with permanent access to water and hay that is most similar to current diet