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Each mustang drinks approximately 6-10 gallons of water per day. The BLM uses drought as one of its main justifications for removing wild horses and burros from public rangelands.There are studies that have shown a correlation between the presence of wild horses and increased erosion and bare ground, factors that contribute to land degradation which in turn contributes to drought.  However, the science behind whether mustangs inherently contribute to drought is murky. In fact, a 2021 study conducted in the Arizona desert showed that equine dug wells “increased water availability, were used by a large number of species, and decreased distance between water sources. Abandoned wells also led to increased germination in key riparian tree species. Such equid-dug wells improve water availability, perhaps replacing a lost megafaunal function.” The current federal management practices of wild horses have not been successful at protecting rangelands from drought, and also require many water permits in areas where there are not enough to go around. Better BLM management practices based on the best available science are needed to manage wild horses and protect water on federal land. Similarly, many of the horses on tribal lands also need to be better managed to protect water. 

Recently, there have been many new studies published that have caused wildlife biologists to re-evaluate the role that wild equines play on the range and its ecosystem. All of these studies can lead to implications that horses and burros are actually vital to preserving water resources, and the current BLM management practices that limit the number of horses on the range need to be re-evaluated. Some of the studies are as follows:

Equids engineer desert water availability - this study led by field ecologist Eric Lundgren monitored four evaporated water sources in the Sonoran desert of Arizona over the summers of 2015, 2016, and 2018. Cameras were placed by wells dug by wild horses and burros. The wells attracted 59 other vertebrates and led to increased soil moisture and riparian plants. Biodiversity near these wells was 64 percent higher than the surrounding areas. The study concluded that the equines may be replacing a lost megafaunal bioengineering role and “that equids, even those that are introduced or feral, are able to buffer water availability, which may increase resilience to ongoing human-caused aridification.”

Impact Of Wild Horses On Wilderness Landscape And Wildfire - this study was done over a 5-year period in Northern California to examine claims made by the BLM that wild horses had a negative impact on the native landscape. It was unique because the area studied did not have any other potentially invasive herbivores. It found that the horses had no negative impact on riparian areas because the presence of predators kept them moving through the area much faster than livestock. It also found that the horses’ diet of invasive grass prevented a fire from spreading when lightning struck and ignited a dry branch that fell. Furthermore, horses’ hooves degraded land less than even-toed ungulates due to their hooves distributing weight over a wider base and not being sharply pointed. These last two findings are significant because land degradation and wildfires can both threaten water resources by causing desertification.

The Horse and Burro as Positively Contributing Returned Natives in North America - there is DNA permafrost evidence of horses being in North America as late as 7,000 years ago, far later than most paleontologists originally believed. Historian Claire Henderson also says, “Traditional Dakota/Lakota (Sioux) people firmly believe that the aboriginal North American horse did not become extinct after the last ice ages and that it was part of their pre-contact culture.” They also have different words for these short-limbed horses and the introduced European horses of the east. In the early 1800s, the US government slaughtered Indian ponies enmasse, but there are still some mustangs that show generic distinctions from European horses. Horses possess a post-gastric digestive system that gives them an advantage over ruminant herbivores in drier regions because they use less water and metabolic energy digesting coarser, drier vegetation. Horse manure also provide[s] fodder for myriad soil microorganisms; the resulting fecal decomposition builds the humus component of soils, lending ecologically valuable texture and cohesiveness. As feces slowly decompose, they gradually release their nutrients over all seasons and, thus, feed the fungal garden that exists in soils, thereby increasing the soil's absorption of water – a vital limiting factor in semi-arid and arid regions. To reiterate: equid feces are much more valuable to the health of soils than ruminant feces (cattle, deer, sheep, goats, etc.) precisely because they are not as decomposed when exiting the body…

Finally, the way horses graze reduces the risk of wildfire and aridification. By “cropping” plants at the top, the possibility of major wildfires is also decreased by equines.

What these studies and others show is that horses have a crucial role to play in North American ecosystems, whether they are a native species that managed to survive the ice age, or a re-introduced species that replaces the role of their ancestors who went extinct. The current management practices of the BLM therefore need to be re-evaluated. Population control is only one aspect of good wildlife management, and yet with the BLM it is the primary one for horses and burros. The United States General Accounting Office (GAO) has sent reports to the Secretary of the Interior expressing concern over this multiple times. One of these letters stated:

"BLM'S decisions on how many wild horses to remove from federal rangelands have not been based on direct evidence that existing wild populations exceed what the range can support. Moreover, wild horse removals often have not been accompanied by reductions in authorized livestock grazing levels or effective range management to increase the land’s capacity. As a result, range conditions have not demonstrably improved…"

Additionally, the GAO also recognized that in regards to water preservation, 

"Reducing wild horse populations in these areas has been shown by experience to have a negligible effect on the resource. In the lower level areas, especially ecologically important riparian areas adjoining streams and other water sources, cattle do more damage because they tend to “camp” in the areas instead of watering and moving on … poorly managed domestic livestock grazing is the primary cause of damaged riparian areas."

Despite the deference some courts have given the BLM regarding roundup decisions, it seems possible that in light of recent studies and scientific discoveries, they may be violating NEPA by not considering reasonable alternatives to roundups. Cows outnumber wild horses by approximately 30 to 1 and drink more than horses, but during the 2022 mega-drought, the BLM did not issue a mandatory drought call to reduce livestock numbers. Instead, they permanently removed 19,000 horses and burros from the range. This decision to remove horses instead of livestock cannot be supported by data.

Proposed Legal Solutions and Policy Suggestions:

1. Litigation - Pro-Mustang Groups and Environmental Groups Can Continue Filing Injunctions to Stop BLM Roundups Because the BLM Did Not Consider Reasonable Alternatives

Despite past courts dismissing their arguments at times, animal welfare groups and environmental groups should continue pursuing litigation over the fact that the BLM does not adequately consider reasonable alternatives to roundups in violation of NEPA. One factor that may make their success more likely now than in the past includes recent studies showing the valuable role that horses and burros play in the ecosystem, including protecting water resources through their ability to dig wells and make water available for other species, reducing desertification by grazing on dry grass to prevent wildfire, and increasing the water-holding abilities of soil by producing richer manure than ruminants. Another reason is the increasing urgency surrounding the water crisis in the West. Without change, the droughts will get to a point where there will not be enough water for livestock and many human uses. It is a national emergency, and nature-based solutions like re-wilding that make the land more resilient may play a key role in mitigating it. As the water crisis in the West worsens, judges may begin to disagree with the BLM’s reasons for rejecting reasonable alternatives to roundups such as livestock reductions and predator reintroduction. 

2. Litigation - Environmental Groups Can Continue Bringing Suits Against the BLM For Not Conducting Enough Environmental Analyses Before Issuing Grazing Permits and Ordering Roundups as Required by NEPA

In 2023, the Western Watersheds Project and Public Employees for Environmental Responsibility filed suit in the U.S. District Court of Columbia, claiming that the BLM “... has failed to conduct required reviews under the National Environmental Policy Act (NEPA) for nearly two-thirds (63%) of current BLM grazing permits” and “for almost three-quarters (74%) of allotments that BLM determined were failing minimum landscape health standards… the agency has not conducted NEPA analysis to evaluate the management changes necessary to improve resource conditions.” Grazing permits and leases are good for 10 years, and can usually be renewed as long as the permit’s conditions are still being met. The BLM often does not conduct a new NEPA analysis when permits get renewed, on the grounds that the way the land is being managed is not significantly changing, resulting in allotments not undergoing NEPA analysis for 20+ years. This likely violates NEPA because although the land management practices have not changed significantly, the land itself has due to climate change and other factors. Therefore, new management practices are needed to account for these changes. Encouragingly, in April 2024, Friends of Animals was victorious in stopping two roundups in Utah when the judge ruled that the BLM can no longer do “maintenance roundups.” In Utah, the BLM must now issue new decisions under NEPA to perform roundups, requiring public input and proper environmental review.

3. Increase Public Comments in Response to Premature BLM Roundups

BLM roundups are subject to NEPA. Under NEPA, all federal agencies are supposed to analyze environmental impacts concerning decisions on federally owned land, and public engagement is required. Public comments on draft Environmental Impact Statements can shape public policy and land use decisions. Environmental groups and animal welfare groups should continue encouraging citizens to leave comments for proposed roundups that do not consider any positive impacts horses may have in mitigating desertification and land degradation. The Wyoming Wildlife Federation provides guidance on how to submit effective comments to the BLM. When drafting a comment, it is suggested that commenters consider if there is any information the agency failed to provide, if the agency based its decisions on the most relevant and current data, and if there were issues the agency failed to identify. People should also mention any personal connections they have to the horses or the area where the roundup will take place, and offer alternative solutions. The latest studies showing wild equines’ impact on water availability, wildfire prevention, and land degradation mitigation should be referenced. Disputing BLM decisions without including reasoning, disagreeing without justification, not referencing data, being accusatory or vague, and being overly political should be avoided. The BLM can choose to respond to individual comments or groups of related comments. Comments can result in the agency: “1) Modifying alternatives including the proposed action, 2) developing and evaluating alternatives not previously given serious consideration by the agency, 3) supplementing, improving, or modifying its analyses, 4) making factual corrections, or 5) explaining why the comments do not warrant further agency response, recognizing that agencies are not required to respond to each comment. Responses 1-4 are all potentially beneficial for the preservation of horses and water on BLM lands.

4. Have Certain Strains of Mustangs Protected by the Endangered Species Act if New Archaeological Evidence Proves Horses Survived the Ice Age in North America

While horses in general are not threatened with extinction, certain breeds and strains essential to preserving the species’ genetic diversity are. In the United States, many Native American breeds went extinct or are now endangered because of past slaughter by the U.S. Army. The Endangered Species Act (ESA) protects not just native species but also “subspecies, varieties, and, for vertebrates, distinct population segments.” Mustangs are of mixed descent, with certain herds possessing unique genetics. Presently, there are no distinct subpopulations protected by the ESA because wild horses are not considered to be native. However, the narrative that wild horses are non-native escaped livestock conflicts with  the oral histories of many Native American tribes, which say that they always had horses. Additionally, recent archaeological evidence shows that horses were in the West before the Pueblo Revolt (the mainstream narrative was that the Pueblo Revolt was when they were released), and that they survived on the Yukon Peninsula 8,000 years longer than previously thought.  If horses are in fact Native to North America, they should be treated as native wildlife and endangered populations need to be protected in order to preserve ecosystems. The acknowledgement that horses are native 

would place these animals, under law, within a new category for management considerations. As a form of wildlife, embedded with wildness, ancient behavioral patterns, and the morphology and biology of a sensitive prey species, they may finally be released from the ‘livestock-gone-loose’ appellation.

Once horses are released from the livestock-gone-loose appellation and the BLM considers population control as a part of herd management rather than the epitome of herd management, the horses can play their natural role in ecosystems and increase water availability by digging wells, improving the soils, and preventing wildfires.

5. Have Congress Amend the Wild Horse Act

Dina Titus (D-NV), David Schweikert (R-AZ), and Steve Cohen (D-TN) have introduced a bill to Congress to prevent helicopter roundups of wild horses, on the grounds that they are inhumane and inefficient. Since 2017, the BLM has spent over $25 million on helicopter roundups. The roundups have led to no permanent improvements on the range and are ineffective at controlling horse populations. According to the National Academy of Sciences, “such operations can spur population growth in horses remaining on the range through compensatory reproduction.” Horses have the potential to become overpopulated just like any other animal, but a more appropriate method of managing the population is by giving PZP birth control vaccines. This costs about $220 per horse, far less than the $93 million the BLM spent caring for horses in their holding facilities in 2022, but the BLM spends less than 1% of its budget on fertility control. The tens of millions of dollars the BLM currently spends on roundups could be spent on projects to preserve water instead. And as previously mentioned, preventing excessive roundups would allow the horses themselves to preserve water by simply engaging in their ecological roles. The Western Watersheds Project, whose goal is to restore Western watersheds, was among several groups that sued the BLM over their plans to eliminate 43% of horse habitat in the Red Desert area of Wyoming and reduce the state’s total horse population by one third. 

6. Tribes Can Apply for Conservation Grants Under the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL)

It is important for there to be environmentally sound management plans for wild horses and burros on tribal reservations, as that is where over 100,000 are. There are many tribes in areas like the Sonoran desert where the study showing that wild equines can increase water availability took place, and projects that conserve equine populations and further research how they can buffer water availability and increase resilience to human-caused aridification could be a very beneficial part of management plans. Different tribes have different management plans, but a lack of funding is often a barrier to implementing or improving them. The 2022 Inflation Reduction Act (IRA) and 2021 Bipartisan Infrastructure Law (BIL) both provide funding for conservation projects for organizations that have not worked much with the federal government yet. Tribal governments, tribally owned businesses, non-tribal government organizations, and individuals are eligible to apply for some of the billions of dollars in grants and technical assistance that the laws provide for nature-based solutions to climate change.  

Sources

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Matt Vasilogambros, Westerners Struggle to Manage Booming Wild Horse Populations, STATELINE.COM (Jul. 20, 2022), https://stateline.org/2022/07/20/westerners-struggle-to-manage-booming-wild-horse-populations/.

Grace Kuhn, BLM’s Utah Burro Roundup Plan Puts Special Interests Ahead of Science, SALT LAKE TRIB. (Apr. 28, 2022), https://www.sltrib.com/opinion/commentary/2022/04/28/grace-kuhn-blms-utah/.

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