Timothy C.

Kingston
Law Office of Tim Kingston LLC
408 West 23
rd
Street, Suite 1
Cheyenne, WY 82001-3519
TEL: (307) 638-8885 / FAX: (307) 637-4850
kingston@rockymtnlaw.com

Michelle D. Sinnott (VA Bar No. 85563, admitted pro hac vice)
Caitlin T. Zittkowski (CA Bar No. 290108, admitted pro hac vice)
William S. Eubanks II (D.C. Bar No. 987036, admitted pro hac vice)
Meyer Glitzenstein & Crystal
1601 Connecticut Ave, NW, Suite 700
Washington DC, 20009
TEL: (202) 588-5206 / FAX: (202) 588-5049
msinnott@meyerglitz.com
czittkowski@meyerglitz.com
beubanks@meyerglitz.com

Counsel for Petitioners

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

AMERICAN WILD HORSE )
PRESERVATION CAMPAIGN, )
et al., )
Petitioners )
)
v. ) Civ. No. 14-cv-152-J
)
)
SALLY J EWELL, et al., )
)
Respondents. )


MOTION FOR TEMPORARY RESTRAINING ORDER
AND/OR PRELIMINARY INJUNCTION
Case 2:14-cv-00152-ABJ Document 17 Filed 08/08/14 Page 1 of 4
2

Pursuant to Federal Rule of Civil Procedure 65 and Local Rule 83.6(f), Petitioners hereby
move for a temporary restraining order and/or preliminary injunction to enjoin the Federal
Respondents from permanently removing approximately 806 federally protected wild horses
from the Checkerboard lands within the Adobe Town, Salt Wells Creek, and Great Divide Basin
herd management areas in southwest Wyoming, especially where Respondents have utterly
failed to adhere to the laws entrusted to them by Congress in issuing the challenged decision. In
particular, as explained in the accompanying memorandum, when authorizing this roundup,
Respondent Bureau of Land Management (BLM) engaged in brazen violations of the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321-4370f, and the Wild Free-Roaming
Horses and Burros Act (WHA), 16 U.S.C. 1331-1340.
This proposed roundup threatens to permanently remove all of the wild horses from the
private and public Checkerboard lands within the Adobe Town, Salt Wells Creek, and Great
Divide Basin HMAs. BLM authorized this drastic management action without analyzing any of
the environmental consequences of a wild horse roundup of this magnitude, or reasonable
alternatives to this action, as required by NEPA. Nor has BLM even purported to make certain
statutory determinations required by the WHA prior to the permanent removal of any wild horses
from the range. As a consequence, this proposed roundup will bring the wild horse populations
in Adobe Town and Great Divide Basin below the level mandated by the WHA. These clear-cut
legal violations demonstrate that BLMs decision is nothing more than a flagrant attempt to skirt
the procedures dictated by governing law in a rush to permanently extirpate nearly a thousand
horses from the range, including from public lands.
BLM has indicated that it will commence this roundup on September 1, 2014.
Petitioners attempted to negotiate a schedule with Respondents that would avoid burdening the
Case 2:14-cv-00152-ABJ Document 17 Filed 08/08/14 Page 2 of 4
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Court with a motion for emergency injunctive relief. However, Respondents are unable to delay
implementation of the scheduled wild horse roundup and removal long enough to facilitate
production of the administrative record, expedited summary judgment briefing, and resolution of
Petitioners claims on the merits. As a result, in order to preserve the status quo until the Court
has an opportunity to hear this case on the merits upon a full administrative record, Petitioners
have no choice but to move for preliminary injunctive relief. In an attempt to facilitate the
Courts resolution of this motion, Petitioners have negotiated a briefing schedule with
Respondents. Docket Entry 15. However, in order to prevent irreparable harm to Petitioners and
their interests in the wild horses at issue in this case, Petitioners respectfully request that the
Court rule on this motion no later than August 29, 2014. See id.
As demonstrated in the accompanying memorandum, Petitioners have established: (1) a
strong likelihood of success on the merits of their claims, (2) that Petitioners will be irreversibly
harmed absent relief from this Court, and (3) all of the equities favor granting the requested
injunction. In support of this motion, Petitioners rely on the accompanying memorandum; the
declarations of Petitioners Carol Walker, Kimerlee Curyl, Ginger Kathrens, and Suzanne Roy;
and Exhibits A-Q. All of these materials have been electronically provided to the Respondents.

Respectfully submitted,

__/s/__________________________
Michelle D. Sinnott (pro hac vice)
(Virginia Bar No. 85563)
William S. Eubanks II (pro hac vice)
(D.C. Bar No. 987036)
Caitlin T. Zittkowski (pro hac vice)
(CA Bar No. 290108)


Case 2:14-cv-00152-ABJ Document 17 Filed 08/08/14 Page 3 of 4
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MEYER GLITZENSTEIN & CRYSTAL
1601 Connecticut Ave., N.W. Suite 700
Washington, D.C. 20009
(202) 588-5206

_/s/___________________________
Timothy C. Kingston
(WY Bar No. 6-2720)

LAW OFFICE OF TIM KINGSTON LLC
408 West 23
rd
Street, Suite 1
Cheyenne, WY 82001-3519
(307) 638-8885

Counsel for Petitioners
Date: August 8, 2014

Case 2:14-cv-00152-ABJ Document 17 Filed 08/08/14 Page 4 of 4