ELR Citation: 52 ELR 20017
No(s). 3:22-cv-00034-MMD-CLB (D. Nev. Jan 28, 2022) (Du, J.)

A district court denied advocacy groups' motion to preliminarily enjoin BLM's gather of wild horses in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act by not developing a herd management area plan, which resulted in an inhumane gather process; violated NEPA by failing to analyze the significant environmental impacts of removing all excess horses at once rather than over a 10-year period; and infringed upon their First Amendment right to observe the gather by refusing them access to certain aspects and only providing access to vantage points with obstructed views. The court found the groups were unlikely to succeed on the merits of their claims, and that the balance of equities and the public interest weighed against enjoining the gather. It denied the motion for preliminary injunction.