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Fund for Animals v. BLM (2006)

Plaintiff's Attorney:   Howard M. Crystal

Defendant's Attorney:   Todd S. Aagaard

Topic: Horse management

Case File #:   No. 04-5359

Jurisdiction:   United States

Year Case Filed:   2006

Printible Version

The Fund for Animals and individuals dedicated to protecting animals brought an action against Bureau of Land Management (BLM) challenging its implementation of its restoration strategy for wild horses and burros on public lands. After the United States District Court for the District of Columbia granted judgment for government, the plaintiffs appealed. On this appeal, the Court of Appeals held that the National Environmental Policy Act (NEPA) claim against BLM was moot.  Further, the approved budget request made by the BLM, which contained outlines of the reinvigorated wild horses and burros program and set broad goals and strategies, was not an “agency action” subject to review.  Finally, plaintiffs request for a permanent injunction, to prevent BLM from carrying out specified removal actions, was moot because the “gathers” have already occurred and what happens in the future is based on unknown variables.


United States Court of Appeals for the District of Columbia Circuit Opinion (08/18/2006) (pdf file - 190.50 KB)

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