IDA and Others Win Court Battle to Save Wild Horses in Arizona
by Mat Thomas, In Defense of Animals

The long battle to save 400 of Arizona's wild horses has finally come to an end. In 2005, a coalition comprised of In Defense of Animals, the Animal Welfare Institute, the International Society for the Protection of Wild Mustangs & Burros, and Arizona residents including Phoenix resident Dr. Pat Haight initiated a legal effort to save the wild horses of the Heber Territory from roundup and possible slaughter. This effort has been successful, and has great historical relevance as one of the most significant victories to preserve wild horses on federal lands in the U.S.

Until intervention by IDA and other groups, the U.S. Forest Service (USFS) planned to remove 400 wild horses from the Apache-Sitgreaves National Forest in Eastern Arizona and ship them to auction. Many of these horses would have been sent to slaughter and turned into meat. The dispute centered on the horses' ancestral history and whether they were descendants of horses residing in the Heber territory since the 17th century, a genealogy that would protect them under the Wild Horse and Burro Act. The Heber horses are a particularly rare group of wild horses whose roots can be traced to visits by Father Eusebio Kino, the famous Jesuit priest on horseback, as early as 1653. To prevent the roundup, activists raised money, hired lawyers, and in 2005 won a temporary protection order. After a year and a half of litigation, the case came to an end in March 2007 with an out of court settlement canceling the USFS's plans and saving the Heber horses.

In March 2007, Judge Fredrick Martone signed an order stipulating the terms of the settlement calling for numerous concessions by the USFS. For example, the USFS concedes in the order the Heber Wild Horse Territory still exists and that wild horses are legally recognized as "an integral part and component of the natural system of the public lands" – an acknowledgment of long-established law they have ignored for the past 15 years. The USFS must remove no horses from the Territory as well as the Black Mountain Ranger District or Lakeside Ranger District (considered the Sitgreaves National Forest), conduct a National Environmental Policy Act (NEPA) study with public involvement, and develop a written strategy for maintaining the wild horse population. 

While the roundup has been canceled, the case is not closed on the Heber horses. A NEPA study will determine their ultimate fate. Under the plan called for in the agreement, equine advocates must ensure the USFS acts responsibly and in the Heber horses' best interests. The plaintiffs will continue to closely monitor progress to ensure these wild horses are managed humanely.

The public can help protect the Heber horses by submitting written comments now to the Forest Service on the management strategy. Write a polite letter letting them know you oppose any wildlife management plan that results in auction or restricts the freedom of the Heber horses in any way. 

Lenda Quinn
Black Mesa Ranger District
P.O. Box 968
Overguard, AZ 85933