A report posted yesterday by Courthouse News Service confirms that horses removed from the Apache Sitgreaves National Forests earlier this year in a law enforcement action are the subject of the case.
The Forest Service stated they were unauthorized livestock, not unclaimed/unbranded horses entitled to protection by the WHB Act, which ISPMB disputes.
The roundup occurred in an area southwest of Alpine, AZ designated as critical habitat for the New Mexico Jumping Mouse but overlapped by grazing allotments.
Curiously, in other such areas, the agency allows permitted grazing not just in close proximity to the habitats but in the habitats.
The judge said he would take the matter under advisement and rule in due course.
RELATED: ISPMB Complaint Explained.