ELR Citation: 54 ELR 20054
No(s). 18-2029 (RDM) (D.D.C. Mar 30, 2024) (Moss, J.)

A district court granted in part and denied in part summary judgment for an animal rights group in a lawsuit concerning BLM's adoption of four 10-year management plans for controlling wild horse populations in certain herd management areas. The group argued BLM exceeded its statutory authority under the Wild Free-Roaming Horses and Burros Act (WHA) when it adopted the plans, because the WHA did not permit the Bureau to issue "long-term, open-ended roundup decisions." The court agreed that the WHA did not permit BLM to authorize gathers over a 10-year period without regard to whether it had already achieved an appropriate management level, without regard to the statutory mandate of expedition, and without regard to new or evolving information and scientific input; but it found the group went too far in suggesting each gather required an entirely new process, including new inventory, new expert consultation, new NEPA analysis, and new opportunity for public notice and comment. It set aside the plans to the extent they purported to authorize new gathers, after BLM had already achieved appropriate management level, and remanded to the Bureau to clarify plans to ensure future gathers are not unreasonably delayed.