Gescheidt v. Haaland

ELR Citation: 51 ELR 20148
No(s). 21-cv-04734-HSG (N.D. Cal. Aug 2, 2021) (Gilliam, J.)

A district court denied a motion for preliminary injunction in a challenge to the National Park Service's (NPS') management practices for the tule elk population in an area of Point Reyes National Seashore. Plaintiffs argued the elk were dying from lack of adequate forage and water due to recent drought conditions in the area, and that NPS' failure to timely revise its management plan and provide the elk with supplemental food and water violated the APA. The court found that plaintiffs' request to compel NPS to take immediate measures, either by removing a fence on the southern border of the elk's habitat or providing supplemental food and water, would require NPS to take action, and that they failed to provide any authority for the court to compel such action while it determined whether NPS unduly delayed reviewing its general management plan. It denied the motion for preliminary injunction.

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