Lander County votes to contribute up to $50,000 to support ranchers' Ninth Circuit appeal over BLM wild-horse decisions

The Lander County Board of Commissioners on June 26 voted to provide up to $50,000 to help cover litigation costs for ranchers appealing a U.S. District Court ruling to the U.S. Court of Appeals for the Ninth Circuit. The plaintiffs, identified in the filed brief as Colvin and Sons LLC and Stone Cabin Ranch, LLC, are challenging Bureau of Land Management decisions dated Aug. 2, 2022, and April 11, 2023, related to gathers and population controls in several Herd Management Areas.

County discussion focused on the legal question at the center of the appeal—whether the Wild and Free-Roaming Horses and Burros Act requires the BLM to act “immediately” to remove excess animals, or whether the agency may lawfully delay action. Commissioners and staff discussed the practical limits of litigation, the need for a clearer timetable in agency decision records and the potential for litigation to force earlier agency action. Several commissioners said litigation is the only path they see to change federal action in the matter.

County counsel and the county manager explained that Pershing County and others had already committed funds and that the brief questions whether the BLM may condition gathers or population-control measures on off-site factors such as funding or competing priorities. Commissioners who spoke said they supported the ranchers’ request for judicial interpretation, while some asked for clarity about how the county’s $50,000 would be used and what a successful outcome would look like.

The motion to support the appeal and provide assistance with litigation costs not to exceed $50,000 passed on a voice vote. Commissioners recorded varying requests for a defined litigation plan and for expectations that a judicial ruling would require more prompt agency action; staff noted that litigation timetables and remedies are set by the courts. The item’s discussion included historical context that the county and neighboring rural Nevada jurisdictions have repeatedly raised concerns about wild-horse impacts on rangeland.

Why it matters

The contribution funds local government involvement in federal litigation over BLM wild-horse management. A court ruling interpreting the meaning of “immediately” under the Wild and Free-Roaming Horses and Burros Act (WHA) could affect the schedule and conditions under which the BLM carries out gathers, removals and population-control measures across herd areas affecting Lander and neighboring counties.

Background details from the record

- Plaintiffs: Colvin and Sons LLC and Stone Cabin Ranch, LLC (brief filed as appellate plaintiffs). - Defendants named in the transcript: the secretary of the United States Department of the Interior (named Burgum in the record) and the acting director of the Bureau of Land Management (named John Rabe in the record), among others. - Challenged decision records: Aug. 2, 2022 (Little Fish Lake HMA) and April 11, 2023 (Stone Cabin and Salisbury HMAs). - Issues on appeal, as listed in the meeting: (1) interpretation of “immediately” in the WHA; (2) whether decision records lacked timing limits for initial gathers; (3) whether population-control measures and follow-up gathers were unlawfully conditioned on off-site factors such as funding.

What commissioners said

Several commissioners described long-standing frustration with federal management of wild horses in Nevada and said litigation is one of the few mechanisms they can use to seek a clearer, enforceable timetable from the BLM. Other commissioners asked staff and legal counsel to clarify how the county’s contribution would be spent and what standards would define success. County staff noted Pershing County had already committed $20,000 and the proposal presented to Lander County was to add up to $50,000 in support.

Next steps and implementation

The board’s approval authorizes staff to provide financial assistance up to $50,000 toward the ranchers’ appeal; exact use of funds will depend on agreements with the plaintiffs and counsel and on allowable uses under county procurement and expenditure rules. Because the item funds litigation, timing and outcomes are controlled by the federal courts. Staff indicated the county’s participation could also help secure standing for future challenges.

Ending note

Commissioners agreed on the need to pursue remedies while noting the limits of local authority and the uncertain timetable of litigation. The motion passed by voice vote; the board moved on to other agenda business.