ELR Citation: 54 ELR 20050
No(s). 3:22-cv-00034-MMD-CLB (D. Nev. Mar 28, 2024) (Du, J.)

A district court granted in part and denied in part animal rights groups' motion for summary judgment in a challenge to BLM's recent roundup of wild horses at the Pancake Complex in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act (WHA) by failing to approve a herd management area plan (HMAP) before the roundup and by unreasonably delaying preparation of an HMAP for the complex, and violated NEPA by failing to adequately consider the environmental impacts of the roundup, appropriate alternative actions, its appropriate management level calculation formula, or the effects of incomplete information. The court found BLM unreasonably delayed preparing an HMAP, in violation of the WHA, and failed to sufficiently respond to concern about increased wildfire risk post-roundup, in violation of NEPA. It remanded to BLM to prepare and approve an HMAP, and vacated and remanded the EA for the agency to reanalyze the foreseeable effects of alternatives on wildfire risks and reach a conclusion as to their significance.