Interstate Racing and Wagering and Compact: Can 6 be Uniform?

By: Ashley Payne, Senior Staff Member

Kentucky Governor, Steve Beshear, “ceremonially signed into law the Interstate Racing and Wagering Compact” on May 2, 2011.[1] The act purports to “enable member states to act jointly and cooperatively to create more uniform, effective, and efficient practices, programs, rules, and regulations, and to facilitate the health and growth of the industry by simplifying the process of participating in live horse and greyhound racing and pari-mutuel wagering.”[2] The compact was proposed in response to threats of federal intervention.[3] The goal of the Compact is to make the laws of racing and wagering in each individual state uniform, which, in turn, would make it much easier on persons racing horses in those states to comply with the law. As one proponent put it, “even most casual football fans know that holding is a 10-yard penalty. So imagine the confusion there would be if holding was penalized at 15 yards in a game played in one state, five yards in another state, and not a penalty at all if played in a third state.”[4] While this example is extreme, it is exactly the type of situation the Compact is intended to prevent.

The Compact will allow those member states to “act jointly and cooperatively to create a more equitable and uniform” regulatory framework and the rules adopted will “have the force and effect of state rules or regulations.”[5] Should a member State not comply with the provisions of the Compact, another member state “may initiate legal action, in any state or federal Court,”[6] or may bring a legal action in the United States District Court to enforce compliance with the compact.[7]

This sounds great, right? While such a Compact is great in theory, in practice it may not work so well. As the Kentucky adoption of the Compact indicates, “this compact shall come into force when enacted by any (6) eligible states.”[8] There are currently 38 states that offer pari-mutuel wagering and racing.[9] It is difficult to fathom how the compact will provide the necessary uniformity to remedy the current problems when only six of those 38 states have to ratify the Compact. Clearly more than six states may ratify the compact, but if the Compact does not receive the anticipated support, it will not meet its ultimate goal of uniform rulemaking.

[1] Kentucky Governor’s Message, (May 2, 2011), available at http://governor.ky.gov/pressrelease.htm?PostingGUID={1ECEE2F0-9296-4BFB-822E-7B6D39DAB83C})

[2] Ky. Rev. Stat. Ann. §230.3761(I)(A-B) (West 2011)

[3] Tom LaMarra, State Legislators Told Compact Viable Option, Bloodhorse.com (July 29, 2010 8:21 AM), http://www.bloodhorse.com/horse-racing/articles/58101/state-legislators-told-compact-viable-option

[4] Denis Blake, Efforts to Create an Interstate Racing and Wagering Compact Underway, The Horsemen’s Journal, (Spring 2010), http://www.hbpa.org/HorsemensJournalDisplay.asp?section=3&key1=12739.

[5] Ky. Rev. Stat. Ann. §230.3761

[6] Ky. Rev. Stat. Ann. §230.3761(XI)(B)

[7] Ky. Rev. Stat. Ann. §230.3761 (XI)(A)

[8] Ky. Rev. Stat. Ann. §230.3761 (III)(A)

[9] Beshear, Supra note 1

Modern-Day Slavery: Human Trafficking and the Agricultural Industry

By: Hamida Labi, Senior Staff Member

Human trafficking[1] is often regarded as an international problem, yet it is increasingly becoming a domestic issue. In an effort to curtail the growth of this illegal industry, both houses of Congress have recently proposed bills to reauthorize the Trafficking Victims Protection Act of 2000.[2] This form of human trafficking has a direct impact on the U.S. agricultural industry.

While 46.4% of the human trafficking cases dealt with sexual exploitation, 10.4% of those trafficked were placed in the agricultural industry.[3] How reliable are these statistics? Sex trafficking is more likely to be detected and reported than labor-related involuntary servitude. One reason the impact of human trafficking on the agricultural industry remains undocumented is due to the isolation of the services. Sex trafficking is “inherently transactional” because they must interact with members of the public; however, agricultural workers primarily perform their work in isolation and are transient.[4]

Another major challenge in combating persons trafficked for agricultural production is the prevalence of limited English-speaking abilities among victims. This language barrier prevents authorities from conducting meaningful investigations and members of the public from discovering the work conditions of the agricultural laborers. [5] Finally, the employment parameters imposed on foreign nationals who hold H-2A visas also contribute to increased opportunity for human trafficking.[6] These visas are available for individuals to work temporarily in the U.S. An employer must file a petition on behalf of the intending temporary worker.[7] If the worker attempts to seek work elsewhere, the visa is invalidated.[8] This creates a need for a permanent relationship with one’s employer in order to retain the visa. Therefore, these visa holders are less likely to report incidents of forced labor and slave-like work conditions.

As mentioned previously, this is not solely a domestic issue. Organized criminal networks in the United Kingdom often traffic young men from countries such as Vietnam to work in cannabis farms.[9] Referred to as “gardeners”[10], they are found in destitute working conditions and, if caught, are subsequently treated as offenders rather than victims of human rights abuses. Gardeners and illegal immigrants should not be held criminally liable considering they are operating under a state of duress. It is imperative that legal authorities and communities are trained in how to recognize signs of human trafficking, and, if discovered, victims should be afforded proper legal remedies. Kentucky is a state with a major agricultural industry, and Kentucky legislators must increase their efforts to monitor and punish parties that engage in human trafficking.

[1] Under the Trafficking Victims Protection Act of 2000, one definition of severe forms of trafficking in persons involves “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” Fact Sheet: Human Trafficking, U.S. Department of Human and Health Services: Administration for Children and Families,http://www.acf.hhs.gov/trafficking/about/fact_human.html (last updated June 28, 2011).; See alsoLabor Trafficking in Agriculture, Polaris Project, http://www.polarisproject.org/human-trafficking/labor-trafficking-in-the-us/agriculture-a-farms (last visited Oct. 17, 2011).

[2]The Trafficking Victim’s Protection Reauthorization Act of 2011, International Justice Mission,http://www.ijm.org/justice-campaigns/tvpra (last visited Oct. 17, 2011).

[3] Shelley Cavalieri, The Eyes that Blind Us: The Overlooked Phenomenon of Trafficking into the Agricultural Sector, 31 N. Ill. U. L. REV. 501, 507 (2011) available athttp://niu.edu/law/organizations/law_review/pdfs/full_issues/31_3/Cavalieri%20final%202.pdf

[4]Id. at 514.

[5]Id.

[6]Id. at 515.

[7]Id.

[8]Id.

[9] Neil Puffett, Help for trafficked children caught in cannabis farms, Children and Young People Now(Sept. 14, 2010), http://www.cypnow.co.uk/news/1027921/News-Insight-Help-trafficked-children-caught-cannabis-farms/.

[10]Id.

Living on Peanuts: How the Drought in the South May Affect Lexington’s Economy

By: Christopher Henderson, Senior Staff Member

The Jif factory in Lexington, Kentucky has been a source of employment for many lexitonians for a long while. However, should factory workers brace themselves for a pink slip? With Jif’s prices expected to rise more than 30 percent, peanut butter customers might skip their afternoon snacks, which should be expected to lower Jiff’s profits.[1] “The U.S. Department of Agriculture estimates the current spot price for a ton of unprocessed Runner peanuts, commonly used in peanut butter, at about $1,150 a ton, which is up from about $450 a year ago."[2] In New Jersey, this would increase the price of peanut butter by 94 cents at Target.[3]

What’s the cause of the increased cost? No, not labor contracts. No, not increased taxes. The weather is to blame. In Georgia, the leading U.S. peanut producing state, the planting season was the driest in memory for John Harrell, a sixth- generation peanut farmer in Whigham, Ga.”[4] In Texas, the record long drought destroyed many of the states peanuts that would have been turned into edible-quality crops during the season.[5] In fact, only 38% of the U.S. crop was rated good to excellent last month, down from 60% a year ago.[6]

If Jif runs into financial difficulty because of the decrease in peanut consumption, this may have a dramatic effect on Lexington’s already high unemployment rate, which is currently at 7.4%.[7] In Mayor Jim Gray’s economic address, he stated that the city was bracing for another year where the General Fund receipts would have either declined or remained flat.[8] Can the city afford more layoffs?

[1] Paul Ziobro, Peanut- Butter Makers Face Crunch. Wall Street Journal, Oct. 10, 2011, at B3.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Department of numbers.com, Lexington-Fayette, Kentucky Unemployment,http://www.deptofnumbers.com/unemployment/kentucky/lexington/ (last visited Oct. 16, 2011)

[8] Mayor’s 2012 Budget Address, http://www.lexingtonky.gov/index.aspx?page=2806 (last visited Oct. 16, 2011)

Boom & Bust: Oil and Economic Development in Rural America

By: Bradley Harn, Senior Staff member

Residents in the Midwestern United States may feel that concerns over oil production are far removed from their everyday lives. However, residents in small towns throughout North Dakota have had their lives changed by oil in recent years.[1] “The oil is being drawn from a formation beneath the land here and parts of eastern Montana and Canada. Named the Bakken, after the owner of the land where oil was first found, it was identified more than 50 years ago, but no one figured out how to tap into it successfully until recently.”[2]

This transition from sleepy small town to rapidly expanding oil city has been documented in the Planet Green TV show “Boomtown,” which documents the 1,000 resident town of Parshall, North Dakota.[3] Perhaps most interestingly, the oil is allowing substantial sums of money to pour into the region. For example, there have been “payments of five, six and seven digits to town residents who might not earn money of that magnitude in a decade.”[4]

An outside observer must question how beneficial this oil money will be in the long run. There have been historical examples of how the oil boom actually harmed other communities in the region. “In places like Williston, a city of more than 12,000 about 70 miles west of Stanley, people have been through such a boom before and suffered through the bust that followed. When oil showed promise in the early 1980s, some thought Williston’s population would grow to 40,000. City officials took on more than $20 million in debt to build streets and sewers for subdivisions that never arrived after the price of oil collapsed in the mid-1980s.”[5]

And certainly there are problems the present oil boom has created immediately. “Roads and water systems are being used at levels unseen here. The number of workers switching to oil jobs — the oil industry in the state expects to need 12,000 new workers by 2010 — has left some restaurants shortening their hours, county and town officials leaving positions unfilled, and at least one desperate fast food place offering signing bonuses.”[6]

The citizens of the state are divided on how to invest the money, be it on infrastructure, education, or otherwise.[7] They regard it as a “homegrown stimulus package.”[8] The experience of Parshall, North Dakota could prove to be an interesting case study for economic development strategies in rural communities.

[1] Jon Caramanica, A Little Place That Finds Itself Big Money, N.Y. TIMES, January 28, 2011, http://tv.nytimes.com/2011/01/29/arts/television/29boomtown.html.

[2] Id.

[3] Id.

[4] Id.

[5] Monica Davey, Oil in North Dakota Brings Job Boom and Burdens, N.Y. TIMES, January 1, 2008, http://www.nytimes.com/2008/01/01/us/01dakota.html?pagewanted=2.

[6] Id.

[7] Lauren Donovan, Looking Ahead: Where Will North Dakota’s Oil Money Go?, THE BISMARK TRIBUNE, May 5, 2010, http://bismarcktribune.com/news/the-changing-landscape/3fdad8d2-57f7-11df-970b-001cc4c002e0.html.

[8] Id.

Lower Yield Still Equals High Reward

By: Stephen M. Frazier, Senior Staff Member

Corn prices are at an all time high and grain farmers are cashing in. Projections indicate that corn prices will remain high for the rest of the year, and potentially into the first part of 2012. As a result, farmers are skipping crop rotations and replanting corn in fields where corn was grown the previous growing season. This practice is known as corn-on-corn crops.

Crop rotation is a practice used by farmers where they rotate the planting of wheat, corn, and soybeans on farm land. This is often necessary because the continuous growing of corn, particularly in no tillage situations, leads to an increased incidence of crop disease.[1] This is especially true of diseases that are caused by pathogens that survive in crop residue or in the soil.[2] Additionally, crops rotation helps to decrease the growth of weeds, crop residue, and insects that would otherwise occur in fields that were continuously planted with the same crops. Finally, experts tend to agree that crop rotation is needed to maximize the yield on crops. Failure to do so normally results in a 10 to 20 percent harvest decline from prior year yields. [3]

Despite serious negative implications, corn-on-corn crops are becoming a worthwhile gamble for many grain farmers. The Chicago Board of Trade corn futures hit a record high of nearly eight dollars a bushel in June.[4] Farmer Brian Schaumburg of Illinois echoed the sentiment of many farmers regarding the planting of corn-on-corn crops. Schaumberg stated that, “[l]ast year and this year, we’re seeing a little drag but, even so, corn pays,” and “[c]orn on corn hurts in some places but there’s places it’s awful good.”[5] As a result of the increasing corn prices, experts tend to believe that farmers are and should be “willing to plant corn after corn as long as yields do not decrease much beyond 20 bushels [per acre] versus corn after soybeans.”[6]

Farmers have experienced turbulent times during the past half decade. The rising fuel costs, economy woes, and frequent droughts have left farmers struggling to make a profit. Therefore, many farmers see the high corn prices as a means to recover past losses. While failing to rotate crops may have some negative implications, the potential for large profit margins in many cases outweigh those risks. However, farmers need to consider the future costs of failing to rotate their crops.

[1] Paul Vincelli, Corn & Soybean News, Cooperating Departments: Agricultural Economics, Biosystems and Agricultural Engineering, Entomology, Plant and Soil Sciences, Plant Pathology, Volume VII, Issue II (2007), available at http://www.uky.edu/Ag/CornSoy/cornsoy7_2.htm.

[2] Id.

[3] High Corn Prices Stall Midwest Crop Rotation, Earthweek (Sept. 30, 2011),http://www.earthweek.com/2011/ew110930/ew110930b.html.

[4] Michael Hirtzer, Insight: Chasing high corn prices, U.S. farmers skip rotations, Reuters (Sept. 25, 2011), http://www.reuters.com/article/2011/09/25/us-usa-corn-harvest-idUSTRE78O1ZY20110925.

[5] Id.

[6] Id.

FDA’s Authority to Regulate State-Licensed Pharmacist Medications for Horses

By: Chris DeAgano, Senior Staff Member

The issue of whether the Food and Drug Administration (FDA) has the authority to regulate state-licensed pharmacies from compounding drugs for horses has been debated very recently in a Florida federal court in United States v. Franck's Lab, Inc.[1] This case originated because a Florida pharmacy produced a vitamin and mineral compound(through “compounding”) that was blamed for the deaths of 21 polo horses last year.[2] Drug compounding is a process by which a pharmacist or doctor combines, mixes, or alters ingredients to create a medication tailored to the needs of an individual patient.[3] Compounding is typically used to prepare medications that are not commercially available.[4]

In U.S. v. Franck’s Lab, Inc., the federal court ultimately sided with the Florida compounding laboratory and ruled that the FDA lacked the authority to prevent the laboratory from producing and distributing animal medications compounded from bulk ingredients without the agency's approval.[5] In its decision, the court noted that while the FDA has a difficult task in protecting the health of both humans and animals, the FDA's authority is not unlimited and courts have a role to play in determining whether the agency's actions exceed the statutory powers given to it by Congress.[6]

With the practice of drug compounding being widely-practiced by state-pharmacies, there is a significant interest in a federal agency, such as the FDA, being able to regulate this practice. Furthermore, it may be beneficial to have a uniform set of guidelines for all states, rather than each state having its own laws to regulate state-licensed pharmacies and their compounding practices. While U.S. v. Franck’s Lab, Inc. was decided against the FDA’s power to regulating drug compounding in Florida, there will likely be lawsuits in other states with similar dilemmas in the near future.

[1] United States v. Franck's Lab, Inc., 2011 WL 4031102 (M.D. Fla. Sept. 12, 2011).

[2] Pat Raia, FDA Seeks Injunction Against Florida Pharmacy for Polo Pony Deaths, TheHorse.com,http://www.thehorse.com/ViewArticle.aspx?ID=16220 (last visited 10/10/2011).

[3] Thompson v. W. States Med. Ctr., 535 U.S. 357, 360-61, 122 S. Ct. 1497, 1500, 152 L. Ed. 2d 563 (2002).

[4] Id.

[5] Pat Raia, Judge Backs Pharmacy in Veterinary Drug Compounding Case, TheHorse.com (Sept. 20, 2011), http://www.thehorse.com/ViewArticle.aspx?ID=18853 (last visited 10/10/2011). [6] Franck's Lab, Inc., 2011 WL 4031102 at *35.

[6] Franck's Lab, Inc., 2011 WL 4031102 at *35.

Elk Pose Problems for Kentucky Residents—and Lawmakers

By: John Carter, Senior Staff Member

I recently asked a friend from southeastern Kentucky what he thought about the recent reintroduction of elk that has been occurring in his community. He said, “Well . . . let’s just say it could be better.” My friend is not alone in his opinion. Various residents of southeastern Kentucky have made similar assessments. The reintroduction began in 1997 to replenish the elk population, which was devastated in the late 19th century. [1] An Associated Press article highlights a number of problems that those living in Stoney Fork, KY have experienced in connection with the government’s efforts.[2] The residents cite car crashes and the destruction of fences and gardens as their chief complaints.[3] This criticism brings to the forefront an issue that often confronts those encouraging conservation aimed at restoring ecosystems to a former state: How does one accomplish these goals without negatively affecting the residents of impacted communities?

The reintroduction of an animal into any region will inevitably lead to increased interaction with humans. This is simply a matter of logic. However, that interaction does not necessarily lead to negative consequences. A great number of people in eastern Kentucky support the elk reintroduction program, and local governments, realizing the potential for revenue, are especially fond of the return. The homepage for Knott County, KY’s website proudly proclaims, “Knott County, Elk Capital of the East.”[4] A 2001 survey found that “[o]ver 1,081,000 individuals participate in wildlife viewing and bird watching in Kentucky creating 11,481 jobs and generating over $600,000,000 dollars for [the] economy” and “[t]he number of participants and jobs created . . . mak[e] it one of the fastest growing ‘industries’ in Kentucky.”[5] Though these stats may console government officials, they do little to quell the concerns of residents. Stoney Fork resident Lou Brock, who collided with two elk while driving his truck, probably has little patience for arguments about increased revenues; he is more worried about the $9,000 in repair bills he had to pay.[6]

Lawmakers have considered allowing elk introduction only with prior approval of community residents.[7] In 2010, the Department of Fish and Wildlife moved over 45 elk to an abandoned coalmine site.[8] Furthermore, an “extra hunting period was held for locals in January[, 2010] to help control the elk population in specific areas.”[9] Considering that the population is nearing the 10,000 elk target set by officials,[10] it is clear that problems will become more numerous and efforts to appease the communities affected by the reintroduction will continue.

[1] Revived, Then Reviled, Elk Now Hunted in This Part of Kentucky, MSNBC.com (Feb. 11, 2011, 6:21:48 PM), http://www.msnbc.msn.com/id/41522427/ns/us_news-environment/t/revived-then-reviled-elk-now-hunted-part-kentucky/#.TpMcab-I0tg.

[2] Id.

[3] Id.

[4] Knott County, KY (Oct. 10, 2011), http://www.knottky.com.

[5] Elk and Wildlife Viewing – Economic Impact, TrailsRUs.com (2001),http://www.trailsrus.com/elk/economic-impact.html.

[6] Revived, Then Reviled, Elk Now Hunted in This Part of Kentucky, supra note 1.

[7] Bruce Schreiner, The Early Birds Catch a Look at Elk on State Parks’ Tours, Kentucky.com (Oct. 10, 2010 10:00 AM), http://www.kentucky.com/2011/10/10/1915062/the-early-birds-catch-a-look-at.html.

[8] Dori Hjalmarson, Kentucky’s Elk Population Close to 10,000 Target, Kentucky.com (Apr. 24, 2010 6:15 AM), http://www.kentucky.com/2010/04/24/1237904/kentuckys-elk-population-close.html.

[9] Id.

[10] Id.

Brazilian judge cites environmental concerns in halting Amazon dam construction.

By Roger Battiston, Senior Staff Member

Recent construction on what is to be the world’s third largest hydroelectric dam has been halted by a Brazilian judge. The 17 billion dollar Belo Monte dam was planned to be built in the Amazon rain forest, along the Xingu River, and has been in the works for about 30 years.[1]

As a result of stiff opposition by indigenous tribes and environmental conservatives, the project was shelved until recently, when construction was approved in early 2010 by Brazil’s environment agency.[2] Opponents’ main opposition to the construction of the 11 gigawatt-producing dam was the amount of land that will flood by damming the Xingu River, roughly 500 square kilometers, which would displace thousands of indigenous people.[3] In addition, the dam would wreak environmental havoc on portions of the Amazon by partially drying up a 62 mile stretch of the Xingu River, thereby devastating local wildlife.[4] The Brazilian government argued that the massive dam is needed to meet the explosive demand in energy that has resulted from Brazil’s expansive economy and that the effect of the dam would be directly felt by indigenous people.[5] To counter opposition, the Brazilian government required the company slated to run the dam, Norte Energia, to spend about 800 million dollars off-setting environmental consequences from the project.[6]

Construction of the 3.75 mile long dam has faced legal hurtles since its approval.[7]Construction was first halted when a Brazilian judge found that a number of environmental conditions of the approval of construction had not been met.[8] That decision was subsequently overturned.[9]The most recent injunction halting the project was issued by Judge Carlos Eduardo Martins, who cited concerns that the dam would harm the fishing stocks of the Xingu River.[10]

Environmental concerns will always be an issue when infrastructure projects on the scale of the Belo Monte dam are implemented. However, the Brazilian government has recognized the potential for damage and laid out conditions to ameliorate the consequences. In order to provide for Brazil’s burgeoning economy, dam construction should be allowed to continue.

[1] Reuters, Brazil approves Belo Monte hydroelectric dam, The Guardian, June 1, 2011,http://www.guardian.co.uk/environment/2011/jun/01/brazil-belo-monte-dam.

[2] Id.

[3] Tom Phillips, Brazil to build controversial Belo Monte hydroelectric dam in Amazon rain forest, The Guardian, Feb. 2, 2010,http://www.guardian.co.uk/environment/2010/feb/02/brazil-amazon-rainforest-hydroelectric-dam.

[4] Reuters, supra note 1.

[5] Phillips, supra note 3.

[6] Id.

[7] Reuters, supra note 1.

[8] Associated Press, Judge suspends construction of huge dam in Brazil’s Amazon region,The Washington Post, Sept. 29, 2011, http://www.washingtonpost.com/world/americas/judge-suspends-construction-of-huge-dam-in-brazils-amazon-region/2011/09/29/gIQAbXnW7K_story.html.

[9] Id.

[10] Id.

Bureau of Land Management Comes Under Fire Over Efforts to Reign in Wild Horse Heards

By Roy York, Staff Member

On June 13, 2011, the Federal Bureau of Land Management (BLM) announced a decision to capture all 800 wild horses in two designated preserves in Southern Wyoming, surgically sterilize them, and release only a small number back into the wild, effectively dooming the herd.[1] After significant public outrage, the BLM revised the plan on June 22, 2010, to gather only 90 percent of the horses, spay no mares, and return gelded wild horses to the preserves.[2] The BLM maintained that the number of wild horses in the area was “in excess and subject to gathering and removal.”[3]

After a year of frustration with Secretary of the Interior Ken Salazar,[4] the Western Watersheds Project, a leading environmental organization, and the American Wild Horse Preservation Campaign filed suit in the U.S. District Court for the District of Columbia seeking to block the BLM from carrying out the plan. In response, on August 5, 2011, the BLM changed its stance yet again and planned to remove 90 percent of the horses, skew the ratio in favor of stallions, and inject the mares with birth control to slow population growth.[5] The gathering was completed on August, 31, 2011.[6]

The actions of the BLM sparked a federal complaint in this instance, but gathering, relocation, and population control efforts have been a hot-button issue for years. In 2006, wild horse activists filed a complaint in federal court to enjoin the BLM from herd management citing the BLM’s track record of mistreating horses.[7] The BLM came under fire again in 2010 after horse population control efforts went awry in Nevada.[8] The resulting deaths, castrations, and abuse of captured wild horses led to protests from animal rights groups and other activists.[9] Currently the BLM is considering public input on a proposal to eliminate federal reserves for wild horses in favor of grazing land for livestock over the next 15 to 20 years.[10]

The BLM argues that the measures are essential to controlling the growing wild horse population and marinating the viability of herds and horse habitats. Salazar’s revised plan to deal with the overpopulation may end up costing the federal government more money than it is saving by controlling horse population on public land if the BLM continues to come under fire for its practices. Expect this to continue to be an issue in the future as the BLM continues to aggressively fight the overpopulation of wild horses.

[1] Lance C. Porter, White Mountain – Little Colorado Herd Management Areas Wild Horse Gather,Bureau of Land Management Rock Springs Field Office Decision Record (June 13, 2011), available athttp://www.blm.gov/pgdata/etc/medialib/blm/wy/information/NEPA/rsfodocs/whitemtn-wind/rev-ea.Par.54148.File.dat/DR.pdf.

[2] Lance C. Porter, White Mountain – Little Colorado Herd Management Areas Wild Horse Gather,Bureau of Land Management Rock Springs Field Office Decision Record (June 22, 2011), available athttp://www.blm.gov/pgdata/etc/medialib/blm/wy/information/NEPA/rsfodocs/whitemtn_littlecolo.Par.28805.File.dat/2011_modifiedDR.pdf.

[3] Id. at 1.

[4] Alan Prendergast, Ken Salazar: Frustration riding high over his wild horse plan, Denver Westword(June 14, 2010, 4:45 PM),http://blogs.westword.com/latestword/2010/06/ken_salazar_frustration_riding.php.

[5] White Mountain/Little Colorado Wild Horse Gather Decision, Bureau of Land Management Rock Springs Field Office Decision Record (August 15, 2011), available athttp://www.blm.gov/wy/st/en/info/news_room/2011/august/05rsfo-wmlc.html.

[6] Daily Gather Reports, Bureau of Land Management (September 1, 2011),http://www.blm.gov/wy/st/en/programs/Wild_Horses/2011wmlc-gather/gath-reports.html.

[7] George Knapp, Wild Horse Advocates File Injunction Against BLM, 8NewsNow.com,http://www.8newsnow.com/story/5860063/wild-horse-advocates-file-injunction-against-blm.

[8] Alan Prendergast, Wild Horse Debacle: BLM under fire over roundup deaths, castrations, Denver Westword (April 26, 2010, 3:56 PM),http://blogs.westword.com/latestword/2010/04/wild_horse_debacle_blm_under_f.php.

[9] Id.

[10] Alicia G., Days Left to Help Save Wyoming’s Wild Horses,Care2.com (September 4, 2011, 7:59 PM),http://www.care2.com/causes/days-left-to-help-save-wyomings-wild-horses.html.