Federal appeals court dismisses NM Cattle Growers’ lawsuit over sniping feral cattle in the Gila

A federal appeals court this week dismissed a 2023 legal challenge by the New Mexico Cattle Growers’ Association over the U.S. Forest Service practice of aerial shooting feral cattle in the Gila wilderness.

The June 3 U.S. Court of Appeals 10th Circuit ruling notes that the cows are mostly eradicated from the Gila National Forest — and the federal government has directed staff to try and capture any stragglers rather than shoot them — making the yearslong legal fight moot.

“There is no reasonable expectation the Forest Service will resume aerial shooting of the Gila cattle,” the order stated.

As part of the dismissal, the court overturned a lower federal district court’s order that upheld the government’s authority to remove the cattle by shooting them from a helicopter because it said the feral cows no longer qualified as domestic livestock.

The problem of feral cattle — or previously domestic herds that have returned to a wild state — has been a longstanding concern in the Gila, prompting outcry over animal welfare, endangered species and land use.

Over the years, 756 cattle were removed (dead or alive) from the Gila Wilderness, the Forest Service said in a 2022 news release. Of those cattle, only one cow captured in 1998 had branding indicating it had been part of a domestic herd.

Between 2022 and 2023, a special team of federal officials sniped a total of 84 cattle from a helicopter on public lands, over legal objections from the New Mexico Cattle Growers’ Association.

Only an estimated 10-20 cattle remain, according to 2024 court documents.

Parties on opposite sides of the case — the New Mexico Cattle Growers’ Association and the Center for Biological Diversity, which argued that the culling of the cows protects fragile wildlife and endangered species — both declared victory from the dismissal.

New Mexico Cattle Growers’ Association President Tom Paterson told Source NM the dismissal of the lower court’s order is a win, and cited the lawsuit’s pressure on federal officials to halt the practice.

“I think that the overarching point is that the likelihood of the Forest Service ever engaging in aerial removal, not just the Gila, but across the West, is pretty minimal,” Paterson said. “Leastways, I hope so.”

Todd Schulke, co-founder of the Center for Biological Diversity, said in a statement that the U.S. Forest Service was right to remove the feral cattle and argued that federal officials maintain the authority to do so in the future.

“The livestock industry’s sham lawsuit was a waste of time and money. With cows gone, these wild streamside habitats are finally recovering, which is wonderful news for endangered species,” Schulke said.