Tuesday, May 01, 2012

Rancher's Wild horse lawsuit still on


A federal judge will require further evidence before deciding if federal management of wild horses has harmed threatened steelhead in Oregon’s Malheur National Forest. Dayville ranchers Loren and Piper Stout contend that the U.S. Forest Service has violated the Endangered Species Act by allowing too many wild horses to “take” the federally protected fish by harming its habitat. Their lawsuit alleges the horses cause damage to streams, resulting in grazing curtailments in the area. U.S. District Judge Ancer Haggerty recently heard oral arguments in the case in Portland and has decided that there “are legitimate and material disputes” over the methods of assessing habitat damage. “These disputes cannot be resolved on summary judgment, and require the benefit of live testimony and exhibits during trial,” said Haggerty in a ruling April 24. The percentage of a stream bank altered by hooves, known as bank alteration, is used to gauge damage to habitat. Caroline Lobdell, an attorney for Stout, said her client believes that standard should apply equally to horses as well as cattle. “We don’t think there ought to be a double standard,” she said...more

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