ST. MARYS, Ga. — The horses on Cumberland Island roam wherever they want. They are a big draw for tourists and visitors.
But some people, such as island resident Carol Ruckdeschel, say the horses are dying of starvation. "I felt sorry for them," she said in an interview with First Coast News last year. "There's just not that much for them to eat."
Last year, Ruckdeschel and other horse enthusiasts and naturalists sued the National Park Service, federal and state agencies. The lawsuit argues the government agencies have failed to follow some of their own rules and regulations that protect the island and its herd of between 140 and 170 feral horses. The lawsuit called for removing the horses from the island entirely to a more suitable environment.
This month, a judge ruled to dismiss the lawsuit, saying the federal court does not have jurisdiction over the case.
United States District Judge Sarah E. Geraghty wrote in her ruling that she thought the plaintiff's ideas should be commended. She acknowledges that the suit was filed in pursuit of "two laudable goals: to eliminate the horses' suffering, and to protect fragile ecosystems and native species from harm."
Geraghty wrote that the federal courts have limited jurisdiction, and "that is no less true when the goals pressed by litigants are worthy ones." She goes on to write that the court is not "empowered to provide the relief that Plaintiffs ask."
While she believes that the court cannot interfere, she wrote: "The Court hopes that the important issues Plaintiffs have raised here might spur the NPS or other agencies to act."
Geraghty writes that the National Park Service has not conducted any actions that require "formal consultation" under the Endangered Species Act, or actions that had harmed an endangered species because it had not taken any action at all. "According to Plaintiff's own allegations, the NPS has simply taken no action with respect to the feral horses at all-- its policy has been one of non-intervention."
Ruckdeschel and the other plaintiffs argue island life for these horses is not natural, and the horses are not meant to be there. The horses were brought to Cumberland by humans over time -- they are not indigenous to the island and are descended from domesticated animals. This is why they are considered feral, rather than wild.
The plaintiffs say the island is not good for the feral horses and the feral horses are not good for the island and its ecosystem.
"They're not woodland animals at all. They're for the open plains," Ruckdeschel said.
Her attorney told First Coast News the decision is disappointing, noting “the essence of the court's opinion established only that the court is "unwilling" rather than "unable" to enforce the laws and statutes against the national park service.”
First Coast News reached out to the National Park Service’s superintendent of Cumberland Island for comment, and we are waiting for a response.
Meanwhile, it appears the horses will remain on Cumberland Island, unmanaged.